Are Rape Laws Effective? Here's an overview of the BNS Laws
In the wake of the horrific Kolkata rape-murder case, many across India have taken to the streets in protest. Demands for justice are being raised from all over the country – from torture to the death penalty, the most stringent punishment is being demanded for the perpetrators.
On 1st July 2024, India adopted a new official criminal code, Bharatiya Nyaya Sanhita (BNS), which replaced the colonial-era Indian Penal Code (IPC, 1860). Here is an overview of laws about rape in BNS.
In the wake of the horrific Kolkata rape-murder case, many across India have taken to the streets in protest. Demands for justice are being raised from all over the country – from torture to the death penalty, the most stringent punishment is being demanded for the perpetrators.
On 1st July 2024, India adopted a new official criminal code, Bharatiya Nyaya Sanhita (BNS), which replaced the colonial-era Indian Penal Code (IPC, 1860). Here is an overview of laws about rape in BNS.
Bharatiya Nyaya Sanhita (BNS) 2024
The Bharatiya Nyaya Sanhita (2024) introduced a chapter called “Offences Against Women and Children” (Chapter 5), which includes laws about rape.
In this chapter, a man is said to commit rape if he penetrates a woman’s body with any body part or object, or has oral sex with her, against her will or without her consent.
Consent is not considered valid if it is:
- Obtained via threats
- Given by a minor (under 18)
- Given under the influence of substances
- Obtained deceitfully
The following sections of the BNS (read here) define laws against rape.
- Section 64(1): Rape – Rigorous imprisonment of at least 10 years but which may extend for life and with a fine.
- Section 64(2): Rape by a police officer, public servant, armed forces personnel etc. – Rigorous imprisonment of at least 10 years, may extend to imprisonment for life with fine.
- Section 65(1): Rape of a woman under 16 – Rigorous imprisonment for at least 20 years, may extend to imprisonment for life.
- Section 66: Rigorous imprisonment of at least 20, may extend to imprisonment for life, or with death.
- Section 70(1): Gang rape – Rigorous imprisonment for at least 20 years, may extend to imprisonment for life, and with fine.
- Section 70(2): Gang rape of woman below 18 – Imprisonment for life, and with fine or with death.
- Section 72(1): Disclosure of identity of the victim – Imprisonment for two years and fine.
All of these are non-bailable offences. Other sections of this chapter cover sexual harassment, assault, stalking, voyeurism, dowry, etc.
Though the laws about child trafficking protection have adopted gender-neutral terms, rape laws still use very gendered language – the perpetrator is a man and the victim is a woman. This excludes male and transgender victims of rape, and cases where the perpetrator is not a man, giving them no legal protection.
BNS also retains the exception of marital rape, sexual intercourse between a married man and woman, where the wife is not below 18, cannot be raped.
The complete removal of Article 377 of the IPC also leaves no provision against animal rape.
Conclusion
The modern laws of BNS reinforce a very patriarchal and heteronormative perspective of sexual violence by only defining it in the context of cis-gendered women, and children. It remains to be seen whether the laws are effectively enforced and to what extent they deliver on their promises.
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