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Empowering Victims Through Law: A look at India's Legal Safeguards

By shagun, 14 April, 2025
legal clauses

Facing abuse, harassment, or exploitation is a traumatic experience. With the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, the legal system continues to offer a framework to support and protect victims especially women-by ensuring justice, security, and dignity.

However, justice will take years, as the legal process is very slow and imperfect. While laws exist on paper, challenges like delays, weak enforcement, and social stigma can make the journey even harder; settlement with the company as soon as possible is the best option for a woman.

Legal Protections for Victims: Key Provisions under BNS

  • Criminal Law (Amendment) Ordinance, 2013

Enacted post the Nirbhaya case (2012), this ordinance introduced new offences like stalking and voyeurism and provided stricter punishment for sexual assault. These are now embedded into the new Bharatiya Nyaya Sanhita.

  • BNS Section 73-Sexual Harassment

This section criminalises:

Unwanted physical contact with sexual intent

Asking for sexual favours

Making sexually inappropriate remarks

Showing pornography without consent

Punishment: Up to 3 years imprisonment and/or a fine.

  • BNS Section 74 Assault or Criminal Force with Intent to Disrobe

Covers cases where someone tries to forcefully remove a woman's clothing or helps in doing so.

Punishment: 3 to 7 years in prison.

  • BNS Section 75 Voyeurism

Watching or capturing images of a woman involved in private acts (e.g., changing clothes) without her consent.

Punishment:

First offense: 1 to 3 years in prison + fine

Repeat offense: 3 to 7 years + fine

  • BNS Section 76 Stalking

Includes:

Repeatedly following a woman

Contacting her despite disinterest

Tracking her digital activities

Punishment:

First offense: Up to 3 years

Subsequent offense: Up to 5 years

  • BNS Sections 138 and 139 Human Trafficking

These provisions punish those who kidnap, traffic, or force individuals into labour, sex trade, or illegal activities.

Punishment: Minimum 7 years to life imprisonment.

  • BNS Section 63 Rape

Defines rape as sexual intercourse without consent. Saying "no" is sufficient to constitute lack of consent; physical resistance is not mandatory.

Punishment: Minimum 10 years, extendable to life imprisonment.

  • BNS Section 64-Rape Leading to Death or Persistent Vegetative State

Applies when rape results in death or leaves the victim in a coma-like state.

Punishment: Minimum 20 years to life, possibly the death penalty.

  • BNS Section 66 Abuse of Authority for Sexual Exploitation

Punishes those in positions of power-like teachers, guardians, or public servants-who use their position for sexual exploitation.

Punishment: Up to 10 years.

  • BNS Section 79 Outraging Modesty or Use of Words/Gestures

Punishes anyone who uses inappropriate gestures, words, or actions to insult or offend a woman's modesty.

Victim Statements and Consent-What's New?

  • A woman's past behaviour or character is irrelevant in court.
  • If a woman says she did not consent, it is taken at face value.
  • The system ensures a supportive, victim-centred process during investigation and trial.

Conclusion

The Bharatiya Nyaya Sanhita, 2023, is a modern, victim-centric approach to justice. These laws are not just legal codes-they are shields of dignity. If you or someone you know is affected, remember: knowing your rights is the first step toward justice.

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