Legal Framework Addressing Sexual Violence under the Bharatiya Nyaya Sanhita (BNS) 2023: An Analysis of Justice Delivery and Effectiveness
Author : Chandra Prakash and Dr. Mahendra Kumar
Abstract :
The enactment of the Bharatiya Nyaya Sanhita (BNS) in 2023 signifies a transformative shift in India's legal approach to addressing sexual violence. Replacing the colonial-era Indian Penal Code (IPC) of 1860, the BNS endeavors to modernize legal provisions to more effectively tackle contemporary challenges related to sexual offences. This comprehensive analysis scrutinizes the specific provisions of the BNS concerning sexual violence, evaluates their effectiveness in delivering justice, and identifies areas necessitating further reform. By juxtaposing the BNS with the IPC, the study elucidates the advancements and persistent shortcomings within India's criminal justice system. The findings highlight the BNS's progressive stance in redefining sexual offences and imposing stricter penalties, while also underscoring critical areas such as gender neutrality and the criminalization of marital rape that require urgent legislative attention. This paper contributes to the ongoing discourse on legal reforms in India, offering insights into the efficacy of the BNS in safeguarding victims and deterring perpetrators of sexual violence.
Keywords :
Bharatiya Nyaya Sanhita 2023, sexual violence, legal framework, justice delivery, Indian Penal Code, rape definition, enhanced punishments.
