New Criminal Laws - Fortifying The Safety Of Women And Children
Author: LawSphereX
Category: Criminal Law
Published:
Updated:
NEW CRIMINAL LAWS: FORTIFYING THE SAFETY OF
WOMEN AND CHILDREN
Ishani Narayan, Dr Ram Manohar Lohia National Law University
INTRODUCTION
The rapidly increasing rates of crime against women and children in India have become a burning issue. According to the annual reports of the National Crime Records Bureau, there were almost 4. 4 lakh cases registered in 2022 of crimes against women, and approximately 1 lakh 63 thousand cases were registered of crimes against children in India. This rapid growth in the numbers shows that the criminal laws in the country have been inefficacious in curbing the rates of crime against women and children. Perceiving the situation, the Government Of India decided to repeal the existing criminal laws by making transformative amendments and creating three new criminal laws for the country. In December 2023, the new criminal law bill was passed by the Parliament Of India, which will come into effect from July 2024. The Hon'ble Home Minister of India, Mr.
Amit Shah, while introducing the bill of the new criminal laws, asserted to the nation that the new criminal laws aim to provide justice to the citizens and not just punishments. The objective of the new criminal laws is to make the criminal justice system justice-driven, transparent and swift, women-centric, gender-neutral, and technologically proficient. In this essay, we will discuss the transformative amendments done by the Government to the old British-era criminal laws and the introduction of new criminal laws aiming to shore up the safety of women and children in India. Keywords: New criminal laws, women-centric changes, gender neutrality, stringent punishments.
THE THREE NEW CRIMINAL LAWS The three new criminal laws were passed by the Parliament: Bhartiya Nyaya Sanhita (BNS), Bhartiya Nagarik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA), replacing the British Era codes the Indian Penal Code 1860, the Criminal Procedure Code 1973, and the Indian Evidence Act 1872, respectively. The Government of India created new criminal laws that will prove to be a pathway to the enhancement of the criminal justice system of India. There are over 600 changes introduced in the new laws, including modernization of the language, reorganization of offenses, the introduction of technology and timelines, draconian punishment for crimes against women and children and much more. WOMEN-CENTRIC TRANSFORMATIONS
Section 176(1), the Second Proviso of BNSS, the statement of the victim is to be recorded through the audio video means by police. This will provide more protection to the victim and effectuate transparency in investigation related to an offence of rape • 183(6)(a) Proviso 1 of BNSS says that the statement of a victim of certain offenses against women is to be recorded by a woman magistrate and in her absence by a male magistrate in the presence of a women. • Section 184(6) of BNSS mandates the medical practitioner to send the medical report of the rape victims to the investigating officer within seven days. Section 179(1) provides an exemption for a woman from attending the police station.
• Changes have been made in order of maintenance of wives, children, and parents by removing the difficulty that existed in the Crpc wherein, in the case of parents, the place where the proceedings began was the place of residence of their son, but now it has been made to the place where the dependent parent reside.
GENDER NEUTRALITY INTRODUCED
Through the changes made in Section 66 of BNSS, gender neutrality has been introduced in the process to compel appearance. Earlier, some adult male member was included for the purpose of service of summons on behalf of the person summoned, but now it has been replaced with some adult members of the family, and women have been included as adult members of the family. • The perpetrators of offenses such as assault and voyeurism defined under section 76 and section 77 of BNS, respectively, have been made gender neutral. Earlier, the preparators for these offenses could only be a man, but now it has been changed with the word ‘whoever’.
Earlier, the importation of girls from foreign country was an offence under sec 366 B of IPC. But now, according to sec 141 of BNS the importation of girls along with boys from foreign country has been made an offence.
STRINGENT PUNISHMENT FOR THE OFFENCES RELATED TO CRIME AGAINST WOMEN AND CHILDREN
Offences against women and children have been consolidated in chapter V of the Bhartiya Nyaya Sanhita, and these offenses have been given precedence over others in the same. • The punishment for the offense of gang rape of a woman has been enhanced. According to sec 70(2) of BNS a woman under eighteen of age is raped, then the person or group of persons who had committed the offense can be awarded life imprisonment or the death penalty. Earlier, a person could only be given life imprisonment for committing the same offense. • There are certain offenses in the new criminal laws where the age differential to determine the victim has been removed; children are brought under its ambit by replacing the word minor with child.
CONCLUSION
I would conclude my essay with a saying by the father of the nation, Mahatma Gandhi: “A nation’s greatness is measured by how it treats its weakest member.” The new criminal laws will not only breathe new life into our antiquated criminal justice system but will also act as a blessing in disguise for women and children by bolstering their safety. And when the citizens will feel safe in their country, then only we will be able to make India the nation of the dreams of Gandhi, Bose, and Patel.
REFERENCES
Bhartiya Nyaya Sanhita , 2023. • Bhartiya Nagarik Suraksha Sanhita , 2023. • Bhartiya Shakshya Adhiniyam, 2023. • Indian Penal Code, 1860. • Code of Criminal Procedure. • Women, Children, and new criminal laws, BPRD,(July 4, 2024, 3:10 PM), https://bprd.nic.in/uploads/pdf/Women,%20Children%20and%20the%20New%20Cri minal%20Laws%20(1).pdf • Crime in India 2022, National Crime Records Bureau,( June 28, 9:05 AM), https://ncrb.gov.in/crime-in-india-year-wise.html?year=2022