New Law for Women Crime: Molestation, wrong gestures and betrayal in relationship… what is the punishment provided in the new law on crimes against women?

The new Indian Judicial Code (BNS) has a separate chapter for crimes against women. Under the new law, the accused will be punished with rigorous imprisonment for raping a girl below the age of 16. On the other hand, a death sentence can be awarded for raping a girl below the age of 12.

Chapter 5 of the new law talks about crimes against women and children.

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With the aim of improving the Indian judicial system, 3 new laws have been implemented in the country from July 1. Now criminal cases will be settled under the Indian Judicial Code (BNS), Indian Civil Defense Code (BNSS) and Indian Evidence Act (BSA). The explanation of crimes and information about punishment is given in the Indian Judicial Code (BNS). In the new legal system, a separate chapter has been given for crimes related to women.

There were 511 sections in IPC. Whereas there are 358 sections in Indian Judicial Code. There are total 19 chapters in BNS. Its 5th chapter talks about crimes against women and children.

No mention of marital rape, but…

There is no mention of marital rape in the Indian Judicial Code. Exception (2) of Section 63 states that if a person forcibly has sexual intercourse with his wife, it will not be considered rape. Provided the wife is above 18 years of age.

Section 67 mentions the punishment for having sexual relations with a wife living away without her consent during separation. According to this, if the wife is living away and the husband has sexual relations without her consent, he will be punished. As a punishment, the guilty will be jailed for 2 to 7 years and will also have to pay a fine.

Punishment for making lewd comments on women

Section 79 provides for punishment for girls speaking, making gestures or doing anything with the intention of insulting the modesty of a woman. Those found guilty in such a case can be sentenced to 3 years in jail along with a fine. Similar punishment is given in Section 509 of the IPC.

Jail for cheating in a relationship

Section 69 of the BNS makes it a crime to have sexual relations with a woman by cheating or deceiving her. If a person has sexual relations with a woman without any intention of marrying her, he will also be punished. 'Cheating' includes false promises of employment or promotion, inducement and marrying by disguising identity. Anyone found guilty of such offence will be punished with imprisonment up to 10 years and fine.

What is the new provision regarding gang rape?

Under Section 70 (1) of the Indian Penal Code, every person involved in the crime of gang rape of an adult woman will be sentenced to a minimum of 20 years, which can be extended to life imprisonment. A fine will also be imposed and this amount will be given to the victim woman.

According to the previous legal system, i.e. Section 376D of the Indian Penal Code, punishment was fixed only for gangrape of a woman. Similarly, under Section 376D and B, the accused of gangraping a minor below 12 years of age could be hanged and the maximum punishment for the accused of gangraping a girl above 12 years of age could be life imprisonment.

The new law makes the punishment for rape of minors below the age of 18 years more stringent. According to Section 70 (2), if the victim is below 18 years of age, then every person involved in gang rape can be sentenced to death.

Stalking a girl is a crime

According to Section 77 of the new law, crimes like stalking a woman, trying to talk to her despite her refusal, monitoring a woman's email or any other internet communication have been declared as crimes. For committing such a crime for the first time, a person can be imprisoned for three years along with a fine. For committing the crime for the second time, there is a provision to increase the punishment to five years along with a fine. IPC's Section 354D also had the same punishment.

Rape case will be registered under section 63, punishment will be given under section 64

Rape is defined in Section 63 of the Indian Judicial Code. Punishment is provided in Section 64. Rape was defined in Section 375 of the old IPC, while punishment was provided in Section 376. Under Section 376, a person convicted of rape is given a minimum of 10 years of imprisonment. The same punishment is provided in Section 64 of the BNS.

Life imprisonment for a person found guilty of raping a person under 16 years of age

Section 65 of the Indian Penal Code prescribes stringent punishment for raping a minor between the ages of 16 and 12. Section 65(1) states that a person guilty of raping a girl below the age of 16 shall be punished with rigorous imprisonment for a term not less than 20 years and may extend to life imprisonment. Section 65(2) prescribes punishment for raping a girl below the age of 12, which is similar to 65(1). Apart from this, death penalty can also be awarded under Section 65(2).

Under Section 65, if the crime is proved, the accused may also have to pay a fine. A reasonable fine will be charged to meet the rehabilitation and medical expenses of the victim.

This section will be applicable in rape and murder cases

Whoever commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and causes such injury which results in the death of the woman, the offender shall be punished with rigorous imprisonment under section 66. The punishment shall be a minimum of 20 years imprisonment, which may extend to life imprisonment. That is, the person shall remain in jail for the rest of his life.