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
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.
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.
Covers cases where someone tries to forcefully remove a woman's clothing or helps in doing so.
Punishment: 3 to 7 years in prison.
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
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
These provisions punish those who kidnap, traffic, or force individuals into labour, sex trade, or illegal activities.
Punishment: Minimum 7 years to life imprisonment.
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.
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.
Punishes those in positions of power-like teachers, guardians, or public servants-who use their position for sexual exploitation.
Punishment: Up to 10 years.
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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