Lok Sabha Question No. 1553 (UNSTARRED), answered on 2025-07-29
Subject: Provision related to women in BNS
Ministry: HOME AFFAIRS
Asked by: Dr. Bhola Singh

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1553

TO BE ANSWERED ON THE 29 TH  JULY, 2025/ SRAVANA 7, 1947 (SAKA)

PROVISION RELATED TO WOMEN IN BNS

†1553. DR. BHOLA SINGH:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  any  significant  changes  have  been  made  in  the  provisions related to women under the Bharatiya Nyay Sanhita, 2023 (BNS);

(b)  whether  the  said  code  provides  for  more  stringent  punishment  for crimes against women and children; and

(c) if so, details of the salient points thereof?

## ANSWER

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

(a)  to  (c):  In  the  Bharatiya  Nyaya  Sanhita,  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. Further, the  Bharatiya Nyaya Sanhita, 2023  provides  provisions  for strict

## L.S.US.Q.NO. 1553 FOR 29.07.2025

punishment  upto  life  imprisonment  for  offence  of  human  trafficking  and sexual exploitation of trafficked children. 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 Bharatiya Nyaya Sanhita, 2023. Act of hiring,  employing  or  engaging  child  to  commit  an  offence  has  also  been made  punishable.  Main  provisions  related  to  protection  of  women  and children in the new Criminal Laws are given in Annexure.

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## Annexure L.S.US.Q.NO. 1553 FOR 29.07.2025

## Provisions for protection of Women and Children

- i. Offences against woman and child have been given precedence over all  other  offences  in  a  new  Chapter-V  of  Bharatiya  Nyaya  Sanhita, 2023.
- ii. In  Bharatiya  Nyaya  Sanhita,  2023,  the  age  differential  for  minor victims  of  gang  rape  has  been  done  away  with.  Earlier  different punishments were prescribed for gang rape on a girl below the age of 16  years  and  12  years.  This  provision  has  been  modified  and  now gang rape on a woman below the age of eighteen years is punishable with imprisonment of life or death.
- iii. 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'.
- iv. 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.
5. 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 environment  for
- v. sensitivity and fairness, creating a supportive victims.
- vi. Medical practitioners are mandated to send the medical report of a victim of rape to the investigating officer within 7 days.
- vii. 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.

Annexure L.S.US.Q.NO. 1553 FOR 29.07.2025

- viii. 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.
- ix. The  act  of  hiring,  employing  or  engaging  a  child  to  commit  an offence, is made a punishable offence under section 95 of Bharatiya Nyaya  Sanhita  2023,  which  entails  punishment  of  imprisonment  of minimum seven years, extendable to ten years. This provision aims to deter gangs or groups from employing/hiring children for committing offence.

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