What offenses are outlined in the BNS surrounding Domestic Violence?

For Assault/Use of Force:

According to Section 74 of the Bharatiya Nyaya Sanhita, a husband commits an offense if he assaults or uses force against his wife with the intention to embarrass, shame, or degrade her modesty (i.e., her sense of decency and self-respect), or if he knows that his actions are likely to have such an effect. 

The punishment is imprisonment for a term from 1 to 5 years and a fine.

For Cruel Behaviour:

According to Section 85 of the Bharatiya Nyaya Sanhita 2023, a husband or his relative commits an offense if they subject a woman to cruel behavior. 

The behavior can be considered cruel if it includes: 

1. Any deliberate behavior likely to drive the woman to suicide or cause serious harm to her limbs, health (mental or physical), or life. (Section 86, BNS 2023)
2. Any harassment aimed at forcing the woman or her relatives to meet illegal demands for any property or valuables, or because they failed to meet such demands. (Section 86, BNS 2023)

The punishment is imprisonment for a term that can extend up to 3 years and a fine.

Which sections of the law address this crime?

   -Online Stalking - Section 354D of the IPC

   -Defamation (remarks on social media, obscene images or videos posted for public consumption) - Section 499 of the IPC

   -Intimidating a woman by anonymous communication - Section 507 of the IPC

   -Posting lewd comments against the will of a woman/requesting sexual favours (Sexual Harassment) - Section 354A of the IPC

   -Transmitting / publishing obscene material in an electronic form - Information Technology Act, 2000 (IT Act) (Section 67)

   -Publishing an image of a person in print/electronic form resulting in a violation of the privacy of the individual - Information Technology Act, 2000 (IT Act) (Section 66E)

How is stalking defined under the IPC?

Section 354D of the IPC criminalises stalking of a woman by a man. It defines the Act to include continuous following or contacting a woman by a man or attempts to contact a woman to build a personal relationship with that woman even when the woman has shown a clear lack of interest. It also includes acts of monitoring a woman’s electronic communication, i.e. communication over emails, social media etc.

When is stalking not considered a crime?

Stalking is not considered a crime if it is done as a legal duty for prevention and detection of crime by the State or under any legal duty imposed by a law in practise or in a situation where such an act of stalking is seen as reasonable and justified.

What is the punishment?

   -Online Stalking - During the first conviction, imprisonment may extend to 3 years and fine, during second/subsequent conviction, imprisonment upto 5 years and fine

   -Defamation (remarks on social media, obscene images or videos posted for public consumption) - Imprisonment upto 2 years

   -Intimidating a woman by anonymous communication - Imprisonment upto 2 years

   -Posting lewd comments against the will of a woman/requesting sexual favours (Sexual Harassment) - Imprisonment upto 3 years and fine

   -Publishing an image of a person in print/electronic form resulting in a violation of the privacy of the individual - Imprisonment upto 3 years and fine

How does the BNS define Rape as an offense?

According to Section 63 of the Bharatiya Nyaya Sanhita 2023, rape is defined as a punishable offense committed by a man when he intentionally penetrates the vagina, mouth, urethra, or anus of a woman with his penis, or any other object under the following circumstances: 

1. Against the woman's will.
2. Without her consent.
3. With consent obtained through threat or intimidation.
4. With consent obtained by impersonation of her husband.
5. With consent when the woman is unable to have a sound mind or is intoxicated or in the influence of drugs.
6. With or without consent if the woman is under 18 years old.
7. When the woman is unable to communicate consent.

This law is not gender neutral as the perpetrator (or rapist) is recognized as a man. 

Exceptions to the offense include: 

• a medical procedure or intervention 
• Sexual acts or intercourse between a man and his wife who is over 18 years old.

What is the punishment?

The punishment can range from 10 years to life imprisonment, and a fine will also be imposed. 

In certain cases, such as the rape of a girl under 12, a death sentence can be issued.

How does the BNS define Gang Rape as an offense?

According to Section 70 of the Bharatiya Nyaya Sanhita 2023, gang rape is defined as a punishable offense when a woman is raped by one or more persons acting together or with a common intention. 

Each person involved is considered to be guilty of the crime. 

The punishment can range from imprisonment for a term ranging from 20 years to life imprisonment, along with a fine.

Note: The fine is intended to cover reasonable medical expenses and rehabilitation costs for the victim. Any fine imposed is paid to the victim.

What offenses are outlined in the BNS surrounding stalking?

According to Section 78 of the Bharatiya Nyaya Sanhita 2023, a man commits the offense of stalking if he:

1. Follows a woman and repeatedly contacts or attempts to contact her despite a clear indication of disinterest from her.
2. Monitors the use of the internet, email, or any other form of electronic communication by a woman.

Exceptions to the offense include: 

1. When he acted to prevent or detect a crime and this responsibility was given to him by the government. 
2. When he was acting under any law or complying with a legal requirement. 
3. When in the circumstances, the behaviour was justified and reasonable. 

What is the punishment?

For first-time offenders, the punishment is imprisonment for up to 3 years and a fine.

For repeat offenders, the punishment is imprisonment for up to 5 years and a fine.

What offenses are outlined in the BNS surrounding sexual harassment?

According to Section 75 of the Bharatiya Nyaya Sanhita 2023, sexual harassment is defined as a punishable offense committed by a man when he commits any of the following acts:

1. Makes unwelcome physical contact and advances with explicit sexual intent.
2. Requests or demands sexual favors.
3. Shows pornography against a woman's will.
4. Makes sexual remarks.

What is the punishment?

For physical contact, requests for sexual favors, or showing pornography, the penalty involves imprisonment for up to 3 years, a fine, or both.

For making sexual remarks, the penalty involves imprisonment for up to 1 year, a fine, or both.

What offenses are outlined in the BNS surrounding voyeurism?

According to Section 77 of the Bharatiya Nyaya Sanhita 2023, a person commits the offense of voyeurism when they:

1. Watch or take an image of a woman in a private act where she expects privacy.
2. Share such an image with others.

A “private act” includes any action done in a place expected to provide privacy and where the victim's genitals, posterior, or breasts are exposed or the victim is only in underwear.

For example: when the victim is using the toilet.

Exception: If the victim consents to the taking of intimate images but not to their sharing, it is an offense for the perpetrator to share these images with others.

What is the punishment?

For first-time offenders, the punishment is imprisonment for a term not less than 1 year, which may extend to 3 years, and a fine.

For repeat offenders, the punishment is imprisonment for a term not less than 3 years, which may extend to 7 years, and a fine.

What offenses are outlined in the BNS surrounding Indecent Exposure or Masturbation?

Indecent Exposure: This act involves displaying one's genitals or other intimate areas in sexual behavior in public, which can be akin to showing pornography (Section 75(3) Bhartiya Nyaaya Sanhita) or making unwelcome sexual advances (Section 75(1) Bhartiya Nyaaya Sanhita). Both acts are considered forms of sexual harassment under the law.

Masturbation: When done in public or in a manner that is visible to others, masturbation can also be seen as a form of unwelcome physical contact or sexual advance (Section 75(1) Bhartiya Nyaaya Sanhita). This act is considered a form of sexual harassment under the law.

What is the punishment?

The punishment is imprisonment for up to 3 years, a fine, or both.

What offenses are outlined in the BNS surrounding assault?

Use of Force To Degrade A Woman:

According to Section 74 of the Bharatiya Nyaya Sanhita 2023, anyone who assaults or uses force on a woman to embarrass, shame, or degrade her modesty (i.e sense of decency and self-respect), or while knowing that the assault on her will likely do so, will be punished with imprisonment from 1 to 5 years and a fine.

Use of Force To Undress A Woman:

According to Section 76 of the Bharatiya Nyaya Sanhita 2023, anyone who assaults or uses force on a woman, or helps someone do so, to disrobe her or force her to be naked, will be punished with imprisonment from 3 to 7 years and a fine.

What offenses are outlined in the BNS surrounding Eve teasing?

According to Section 79 of the Bharatiya Nyaya Sanhita 2023, a person commits an offense if they:

1. Intend to insult a woman's modesty (sense of dignity) by saying offensive words, making disrespectful sounds or gestures, or showing inappropriate objects that the woman can hear or see.
2. Invade a woman's privacy.

What is the punishment?

The punishment is imprisonment for a term that can extend up to 3 years and a fine.

What offenses are outlined in the BNS surrounding Chain snatching?

According to Section 304 of the Bharatiya Nyaya Sanhita 2023, a person commits the offense if to commit theft, they suddenly or quickly or forcibly take away any movable property (eg: a chain) from another person or their possession.

What is the punishment?

The punishment is imprisonment for a term that can extend up to 3 years and a fine.

What offenses are outlined in the BNS surrounding Human Trafficking?

According to Section 143 of the Bharatiya Nyaya Sanhita 2023, a person commits the offense if they recruit, transport, harbor, transfer, or receive a person to exploit them through any of the following: 

• using threats, 
• using force or other forms of coercion, 
• abduction, 
• fraud or deception,
• abuse of power, 
• offers of something valuable, such as payments or benefits.

Here, the exploitation of victims of human trafficking refers to:

• Physical or sexual exploitation, 
• Slavery, 
• Forced Labour (or Servitude), 
• Forced begging, or 
• Organ removal. 

It does not matter whether or not the victim(s) gave consent to the trafficker. 

What is the punishment?

The punishment is imprisonment for a term ranging from 7 to 10 years and a fine. 

If the trafficker is a public servant or a police officer, the punishment is life imprisonment for the remainder of the person's life and a fine.

The punishment also differs if the offense involves:

1. Trafficking more than one person: Imprisonment for a term ranging from 10 years to life and a fine. 
2. Trafficking of a child:  Imprisonment for a term ranging from 10 years to life and a fine. 
3. Trafficking of more than one child:  Imprisonment for a term ranging from 14 years to life and a fine. 
4. A repeated offense of trafficking of a child: Life imprisonment for the remainder of the person's life and a fine.