Lok Sabha Question No. 3493 (UNSTARRED), answered on 2024-12-17
Subject: Strict Action for Crimes
Ministry: HOME AFFAIRS
Asked by: Dr. Bhola Singh

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

LOK SABHA UNSTARRED QUESTION NO. 3493

TO BE ANSWERED ON THE 17 TH  DECEMBER, 2024/ AGRAHAYANA 26, 1946 (SAKA)

STRICT ACTION FOR CRIMES

†3493.    DR. BHOLA SINGH:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether any special provision has been made in the Bharatiya Nyaya Sanhita to take strict action for crimes against women;

(b) whether any special provision has been made in the new criminal law to prevent the trafficking of minor girls; and

(c) if so, the details thereof?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI BANDI SANJAY KUMAR)

(a):  In  the  Bharatiya  Nyaya  Sanhita  (BNS),  2023,  for  the  first  time,  the provisions  relating  to  crime  against  woman  and  child  have  been  given precedence  and  placed  under  one  Chapter.  Strict  punishments  up  to death  sentence  have  been  provided  for  the  offences  against  women. Punishment for gang rape of a woman below the age of 18 years is life imprisonment till remainder of the convict's natural life or death. A new offence  for  having  sexual  intercourse  on  false  promise  of  marriage, employment,  promotion  or  by  concealing  identity,  etc.  has  also  been incorporated in BNS.

Main provisions related protection of woman in the new Criminal Laws are given in Annexure.

(b) to (c): The Government is committed to prevention and countering of the  crime  of  human  trafficking.  Section  143  of  the  BNS,  2023  provides penal provisions for strict punishment upto life imprisonment for offence of human trafficking. Where the offence involves the trafficking of a child, it shall be punished with imprisonment not less than 10 years, but which may  extend  to  imprisonment  for  life,  and  fine.  'Beggary'  has  been introduced as a form of exploitation for trafficking and is punishable under section  143  of  the  BNS,  2023.  In  addition,  section  144  (1)  of  the  BNS provides  for  strict  punishment  for  the  offence  of  sexual  exploitation  of trafficked  children.  The  minimum  punishment  for  such  offences  is  five years extendable to life imprisonment.

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## PROVISIONS FOR PROTECTION OF WOMAN

- i. Offences against woman and child have been given precedence over all other offences in a new chapter-V of BNS.
- ii. Various  offences  against  women  and  children  have  been  made gender-neutral in BNS, covering all victims and perpetrators regardless of gender.
- iii. In BNS, the age differential for minor victims of gangrape has been done away with. Earlier different  punishments  were  prescribed  for gangrape  on  a  girl  below  the  age  of  16  years  and  12  years.  This provision has been modified and now gangrape on a woman below the age of eighteen years is punishable with imprisonment of life or death.
- iv. Women have been recognized as an adult member of family who can receive  summons  on  behalf  of  the  person  summoned.  The  earlier reference  to  'some  adult  male  member'  has  been  replaced  with 'some adult member'.
- v. In  order  to  provide  more  protection  to  the  victim  and  enforce transparency  in  investigation  related  to  an  offence  of  rape,  the statement of the victim shall be recorded through audio video means by police.
- vi. For certain offences against woman, statement of the victim is to be recorded, as far as practicable, by a woman Magistrate and in her absence a male Magistrate in the presence of a woman to ensure sensitivity  and  fairness,  creating  a  supportive  environment  for victims.
- vii. Medical practitioners are mandated to send the medical report of a victim of rape to the investigating officer within 7 days.

- viii. It is provided that no male person under the age of fifteen years or above  the  age  of  60  years  (65  years  earlier)  or  a  woman  or  a mentally or physically disabled person or a person with acute illness shall  be  required  to  attend  at  any  place  other  than  the  place  in which such male person or woman resides. In cases where such a person is willing to attend the police station, they may be allowed to do so.
- ix. The  new  laws  provide  for  free  first-aid  or  medical  treatment  to victims of crimes against women and children at all hospitals. This provision  ensures  immediate  access  to  essential  medical  care, prioritizing the well-being and recovery of victims during challenging times.

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