From IPC to BNS: Redefining Justice for Women and Children 

The transaction from the Indian Penal Code (IPC), 1860, to the Bharatiya Nyaya Sanhita (BNS), 2023, has been a landmark in the history of the Indian judiciary. This replacement has made India’s criminal justice system undergo a significant modernization.  

A major focus of this change can be seen in the provisions meant for the protection of women and children, with the provisions being scattered across various chapters, can now be seen prioritized in a dedicated chapter (Chapter V) of the BNS. 

While the basic core of BNS remains the same as IPC, it introduces simplified legal language, stricter punishment and penalties, changes in definitions, and incorporation of new provisions meant for the new era, which has different technology-driven crimes with different requirements. 

Reorganization and Prioritization 

. IPC (1860): Provisions for offences against women and children were scattered throughout the chapters, like, CHAPTER XI (228A), CHAPTER XVI (304B, 305, 312-318, 351-358, 366, 366A, 366B, 372, 373, 375-376E), CHAPTER XX (493-498), CHAPTER XXA (498A), and CHAPTER XXIII (511), making legal representation a difficult process. 

. BNS (2023): With the changes in law, these provisions have been prioritized and have been consolidated into a single chapter (CHAPTER V 63-99), highlighting the government’s commitment to prioritizing these cases. 

• Gender Neutrality: The BNS, unlike IPC, has a more gender-neutral language. Moving away from male-centric language (“he”) to “whoever”, covering both the victim and the perpetrators, regardless of their gender. 
• Transgender Recognition: Absent in IPC formally, BNS recognizes the third gender in its definition of “gender” in section 2(10). 

Major Changes in Sexual Assault Offences Against Women 

With the introduction of BNS, the punishment has been enhanced, and new categories have been introduced: 

The definition of rape (Section 375 of IPC) has been simplified in BNS (Section 63), and the concept of consent has been emphasized. 

• Rape and Gang Rape: 

BNS (63-71) vs. IPC (375-376) 

• Gang Rape on Minors: Under BNS section 72(2), gang rape of a minor (age below 18) is now punishable with life imprisonment (for the remainder of natural life) or the death penalty, which was earlier 12 and 16 years in IPC. 
• Sexual Intercourse by Deceit: This new provision, earlier covered under a complex interpretation of ‘consent’ under IPC, is now a whole new significant provision under BNS (section 69), which criminalizes sexual intercourse on the false promise of marriage, employment, promotion, or by concealing identity. 
• Minimum Punishment: BNS, replacing IPC, has increased the minimum punishment for rape (from 7 years to 10 years) with a focus on stricter penalties for the benefit of the victim. 
• Marital Rape Exception: While the controversial exception for rape remains the same in BNS as it was in IPC, the age of the wife for this exception has been changed from 15 to 18 years. 

• Sexual Harassment and Assault: 

BNS (74-79) vs. IPC (326A & 354) 

• Outraging Modesty: IPC (354) while provided a maximum of 2 years, BNS (74) sets a minimum of 1 year, and extends to 5 years punishment for assaulting a woman with the intent to outrage her modesty. 
• Workplace Harassment: BNS widens the definition of sexual harassment beyond that of IPC to include all forms of unwelcoming physical or verbal conduct in professional or public spaces. 
• Voyeurism & Stalking: IPC (354C and 354D) voyeurism and stalking, punishment for online stalking and digital voyeurism has been made stricter with a provision explicitly for it in BNS (77-78). 
• Acid Attack: The punishment for acid attack (IPC 326A) has been changed to a minimum of 10 years imprisonment along with a fine that must cover the victim’s medical costs as per the criteria in BNS (124). 
• Identity Disclosure: Section 72 of BNS introduces a strict penalty (up to 2 years) for printing or publishing the identity of victims of sexual offenses. 

• Trafficking  

Trafficking mentioned in IPC (370) and BNS (143) has been introduced with “beggary” as a form of exploitation in human trafficking, punishable with strict imprisonment (minimum 10 years). 

• Key Changes in Offences Against Children 

The BNS strengthens protection for children, aligning more closely with the POCSO Act. 

The definition of “child”, while vague in IPC, is specifically defined in BNS as any person below the age of 18 years. 

• Kidnapping and Abduction Age Uniformity: Under IPC, kidnapping applied to males under 16 and females under 18, which has now been changed in BNS, defining it for any child under 18. 
• Child Labour & Exploitation: Section 95, a new provision, specifically punishes those who hire or use a child to commit an offence, including sexual exploitation , with imprisonment ranging from 3-10 years. 
• Procuration Gender Neutrality: Previously, section 366A of IPC, now 96 of BNS protects any child below 18 years regardless of their gender, expanding the protection which was only given to minor girls in IPC. 
• Child Witness: BNS introduces child-sensitive procedures for recording statements and evidence, ensuring the dignity of the child is maintained. 

• Procedural Improvements 

The BNS is supported by procedural changes in the Bharatiya Nagarik Suraksha Sanhita (BNSS) to ensure a more sensitive environment for victims: 

• Zero FIR (173 BNSS): Formalized, allowing a victim to file a complaint at any police station regardless of jurisdiction. 
• Electronic FIR/Means: Filing of complaints via electronic means is now permitted, and the law now allows electronics as the means for recording statements and for the examination of victims. 
• Recording Statements: For rape cases, statements of the victim must be recorded using audio-means to ensure transparency, and by a female magistrate whenever possible. 
• Exemption from Attending Police Station: Women, children (minors), and elderly persons (above 60) are exempt from visiting police stations for investigations. 
• Free Medical Aid: The new law mandates free first-aid or medical treatment at all hospitals for victims of crimes against women and children. 
• Medical Reports: Doctors must send medical reports to the investigating officer within 7 days. 
• Victim Information: Victims are entitled to a free copy of the FIR and must be updated on investigation progress within 90 days. 

Conclusion 

The shift from the IPC to the BNS marks a bold, modernizing step toward a victim-centric legal framework, strengthening protections for women and children in India. By consolidating offences into a dedicated chapter, introducing targeted provisions for contemporary deceit like digital fraud, eliminating age distinctions in gang rape cases, simplifying language, tightening definitions, escalating penalties, and addressing evolving social realities, the BNS delivers a more robust, responsive, and comprehensive structure. Ultimately, however, the true measure of these reforms’ success will hinge on their strict, sensitive, and effective implementation by police and judiciary—transforming legislative intent into tangible justice. 

(This blog was written by Shreya Verma, a first-year law student at Sri Ramswaroop Memorial University. The blog highlights how the BNS modernizes criminal law with stronger, gender‑neutral protections for women and children.)