Jammu, Dec 28: In a momentous development, Home Minister Amit Shah unveiled the Bharatiya Nyaya Sanhita, 2023, during a recent session in Parliament. This significant move marks a stride towards a comprehensive legal transformation, specifically targeting sexual offenses and crimes against women and children. The legislation represents a pivotal departure from outdated colonial laws, establishing a robust framework to deliver justice in contemporary India.
The Bharatiya Nyaya Sanhita 2023, introduces a groundbreaking chapter specifically addressing ‘Crimes against Women and Children.’ Amit Shah emphasised the urgent need for a more stringent legal system to protect the vulnerable sections of society.
As per the Section 70(2) of the new legislation, it addresses gang rape offenses against women under 18 years. Notably, age-based criteria have been removed, treating the gang rape of a minor as a serious offense. The proposed punishment for this heinous crime includes the death penalty or life imprisonment.
Similarly, Clause 95 penalises individuals who hire or employ anyone below 18 years to commit offenses or engage in vulgarity. Offenders will be deemed guilty and face punishment equivalent to the crimes committed by the coerced child.
Section 137 defines two kinds of kidnapping: from India and from lawful guardianship. The punishment for kidnapping includes imprisonment for up to seven years and a fine.
Amit Shah, in his recent address to the Parliament, articulated a vision for a legal system that reflects the values of a progressive society. The Bharatiya Nyaya Sanhita, 2023, received widespread support from lawmakers across party lines. Many hailed it as a significant step towards a more just and equitable society, emphasizing the importance of protecting the most vulnerable members.
The legal reforms are expected to have a profound impact on society, sending a strong message that crimes against women and children will not be tolerated. The stringent provisions aim to create a safer environment and ensure swift and severe punishment for those who commit such reprehensible acts.
As the Bharatiya Nyaya Sanhita, 2023, makes its way through the legislative process, it stands as a testament to the government’s commitment to upholding justice, equality, and the protection of the nation’s most vulnerable citizens.
Pertinently the Bharatiya Nyaya Sanhita (BNS) was introduced on August 11, 2023 to replace the Indian Penal Code (IPC), 1860, the principal law on criminal offences in the country. It was examined by the Standing Committee on Home Affairs. The Bharatiya Nyaya (Second) Sanhita, 2023 (BNS2) was introduced on December 12, 2023 after the earlier Bill was withdrawn. It incorporates certain recommendations of the Standing Committee. The BNS2 largely retains the provisions of the IPC, adds some new offences, removes offences that have been struck down by courts, and increases penalties for several offences.
