What offenses are outlined in the BNS surrounding Domestic Violence?

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.

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.

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 under 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 address 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.

Does BNS recognize marital rape as a punishable offense?

No. Marital rape is not recognized as a crime. 

However, a victim can still seek justice under the Domestic Violence Act 2005 as it addresses sexual abuse. (Refer to Domestic Violence Section)

Additionally, if a husband or a relative of the husband subjects a woman to cruelty, they face imprisonment for up to 3 years and a fine. "Cruelty" includes behavior likely to cause the woman harm or endanger her physical or mental health, as well as harassment aimed at coercing her or her relatives to meet unlawful demands. (Section 85, Bharatiya Nyaya Sanhita 2023)

On the other hand, if a husband rapes his wife without her consent while they are living in separation, he can be punished with imprisonment for a term ranging from 2 to 7 years, along with a fine. (Section 67, Bharatiya Nyaya Sanhita 2023)

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 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 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/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) BNS) or making unwelcome sexual advances (Section 75(1) BNS). 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 also 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 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: 

• When he acted to prevent or detect a crime and this responsibility was given to him by the government. 
• When he was acting under any law or complying with a legal requirement. 
• 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 Online Harassment?

Defamation: This offense occurs when a person makes or publishes statements intended to cause harm to the victim's reputation. This includes statements made online, whether spoken, written, or through signs. 

The punishment is imprisonment for up to 2 years, a fine, or both, or with community service. (Section 356, BNS 2023)

Cyberstalking: A man commits this offense if he monitors (or “stalks”) the use of internet activities, email, social media, or any other form of electronic communication by a woman. 

The punishment is imprisonment for up to 3 years (or up to 5 years for repeat offenders) and a fine. (Section 78, BNS 2023)

Revenge Porn: This offense occurs when someone intentionally or knowingly captures, publishes, or transmits images of another person’s private areas (i.e. genitals, buttocks, or breasts) without their consent, thereby violating their privacy. 

The punishment is imprisonment for up to 3 years, a fine of up to 2 lakh rupees, or both. (Section 66E, IT Act 2000)

Online Sexual Harassment: This offense occurs when a man commits any of the following acts- 

1. Requesting or demanding sexual favors.
2. Showing pornography against a woman's will.
3. Making sexual remarks.

The punishment is imprisonment for up to 3 years, (or up to 1 year if the offense consists only of sexual remarks online), a fine, or both. (Section 75, BNS 2023)

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: 

1. using threats, 
2. using force or other forms of coercion, 
3. abduction, 
4. fraud or deception,
5. abuse of power, 
6. 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.