CHP 5 OF OFFENCES AGAINST WOMEN AND CHILDREN.pptx

Bnss Offences Against Women

1. BNS 2023 Chapter 5 OF OFFENCES AGAINST WOMEN AND CHILD SUBMITTED BY :- MRS. MAMTA MANADULI PROSECUTION OFFICER, DEHRADUN

2. AGENDA FOR THE DAY In continuation of the workshop on comparative analysis between IPC 1860 and BNS 2023 we will discuss chapter 5 BNS today The Presentation on the Topic will be by Mrs. Mamta Manaduli (PO, Dehradun) 9th April 2024

3. OF OFFENCES AGAINST WOMAN AND CHILD OF SEXUAL OFFENCES (Sec 63-73) OF CRIMINAL FORCE AND ASSAULT AGAINST WOMAN (Sec 74-79) OF OFFENCE RELATING TO MARRIAGE (SEC 80-87) OF CAUSING MISCARRIAGE ETC (Sec 88-92) OF OFFENCES AGAINST CHILD (Sec 93-99)

4. Sec 63 RAPE Same definition as previously provided u/s 375 of IPC only change in Exception 2 “where it is mandated that if age of wife is below 18, the exception to rape would not apply” 63. A man is said to commit “rape” if he— penetrates his penis,…. inserts, to any extent, any object or a part of the body…… (c) manipulates any part of the body of a woman …… (d) applies his mouth …….. : — ( i ) against her will. (ii) without her consent. (iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. (iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. (v) with her consent when, at the time of giving such consent, by reason of mental illness or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. (vi) with or without her consent SAME DEFINITION CONTINUED AS IT IS WHEN SHE IS 18 YEARS OF AGE 1. OF SEXUAL OFFENCES

5. SEC 64 PUNISHMENT FOR RAPE THIS SECTION PROVIDES FOR PUNISHMENT IN CASE OF WOMEN OF 18 YRS AND ABOVE AGE GROUP THE CRIMINAL LAW AMENDMENT OF 2018 WHICH ADDED CLAUSE (3) TO SEC 376 HAS BEEN OMMITTED ( 1)Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever,— (a) being a police officer………. ……..CONTINUED AS IT IS TILL CLAUSE (m) Explanation To (d) CONTINUED AS IT IS (3) OMITTED

6. 65. Punishment for rape in certain cases. WOMAN UNDER 16YRS OF AGE WOMAN UNDER 12YRS OF AGE Punishment:- RI not less than 20 yrs which may extend to life imprisonment and fine Fine shall be just and reasonable to meet medical expenses and rehabilitation of the victim Fine imposed shall be paid to victim Punishment:- RI not less than 20 yrs which may extend to life imprisonment and fine or with death Fine shall be just and reasonable to meet medical expenses and rehabilitation of the victim Fine imposed shall be paid to victim

7. Sec 66 . Punishment for causing death or resulting in persistent vegetative state of victim. (Sec 376 A IPC) Sec 67 . Sexual intercourse by husband upon his wife during separation . (Sec 376 B) Sec 68 . Sexual intercourse by a person in authority . (Sec 376 C) Sec 69 Sexual intercourse by employing deceitful means, etc (newly added) Whoever , by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Explanation.—“deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity Sec 66, 67 68 have been carried forward as it is

8. Sec 70 Gang Rape (376 D, DA, DB)

9. These provisions have been carried forward as it is Sec 71 . Punishment for repeat offenders. (Sec 376 E) Sec 72 . Disclosure of identity of victim of certain offences, etc. ( Sec 228 A IPC) Sec 73 . Printing or publishing of any matter relating to Court proceedings without permission (Sec 228 A IPC)

10. 2. OF CRIMINAL FORCE & ASSAULT AGAINST WOMEN 74. Assault or use of criminal force to woman with intent to outrage her modesty. (S.354 IPC) 75 . Sexual harassment . (S.354 A IPC) 76 . Assault or use of criminal force to woman with intent to disrobe. (gender neutral) (S. 354 B IPC) 77 . Voyeurism. (gender neutral) (S. 354 C IPC) 78. Stalking. (S. 354 D IPC) 79. Word, gesture or act intended to insult modesty of a woman (S. 509 IPC) Sec 76 and 77 have been made neutral by using the term “whoever” instead of women

11. 3. OF OFFENCE RELATING TO MARRIAGE 80. Dowry death .(S. 304 B IPC) 81 . Cohabitation caused by man deceitfully inducing belief of lawful marriage . (S. 493 IPC) 82. Marrying again during lifetime of husband or wife. (S. 494, 495 IPC) 83 . Marriage ceremony fraudulently gone through without lawful marriage. (S. 496 IPC) 84 . Enticing or taking away or detaining with criminal intent a married woman. (S. 498 IPC) 85 . Husband or relative of husband of a woman subjecting her to cruelty. (S. 498A IPC) 86 . Cruelty defined. (S. 498A Explanation IPC) 87 . Kidnapping, abducting or inducing woman to compel her marriage, etc. (S. 366 IPC)

12. 4. OF CAUSING MISCARRIAGE (Sec 312 -316 IPC) 88. Causing miscarriage. 89 . Causing miscarriage without woman’s consent. 90 . Death caused by act done with intent to cause miscarriage. 91 . Act done with intent to prevent child being born alive or to cause to die after birth. 92 . Causing death of quick unborn child by act amounting to culpable homicide.

13. 5. Of offences against child 93 . Exposure and abandonment of child under twelve years of age, by parent or person having care of it. (S. 317 IPC) 94 . Concealment of birth by secret disposal of dead body. (S. 318 IPC) Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself. Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section 95. Hiring, employing or engaging a child to commit an offence . (newly added) “CHILD” Sec 2(3) BNS

14. . Whoever, by any means whatsoever, induces any child to go from any place or to do any act with intent that such child may be, or knowing that it is likely that such child will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine . . Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine . 97. Kidnapping or abducting child under ten years of age with intent to steal from its person (Sec 369 IPC) 96. Procuration of child. (Sec 366A IPC)

15. 98. Selling child for purposes of prostitution, etc . Earlier this sec was covered under Sec 372 of IPC, but instead of the word “child” “minor” word was used 99. Buying child for purposes of prostitution, etc . Earlier this sec was covered under Sec 373 of IPC, but instead of the word “child” “minor” word was used Definition of “child” is provided in Sec 2(3) which is again a new addition in BNS “Child” means any person below the age of eighteen years. Replacing word “minor” with “child”

16. Previous Situation wrt Indian Penal Code 1.No Separate chapter for offence against women and child Sexual offences were under Chapter “offences against human body” u/s 375-376E 2. Offences against public justice 228A, and offences u/s 354 to 354D (Assault and Criminal force) 3. Kidnapping and abduction in relation with women an children (366, 366A, 369,372, 373) 4. Criminal Intimidation, Insult and annoyance (sec 509) 5. Offence relating to marriage (493-498A)

17. New Scenario Bharatiya Nyaya Sanhita 2023 1. BNS introduces a dedicated and new chapter on crimes against women and children , placing this in the early part o the statue. (as Chapter V) Upholding safety for women and children 2. Offences against girls below 18yrs of age provide for severe penalties, including life imprisonment or death sentences in exceptional cases. 3. Sec 95 of BNS 2023, penalizes the exploitation of children for criminal activities to ensure that the person hiring or employing children for such purposes doesn’t escape punishment 4. Gender Neutrality:- various sexual offences have been made gender neutral in terms of both the victim and perpetrator. (Sec 76, 77 of BNS)

18. 5. All sections of POSCO will be invoke if rape is committed on a minor 6. In consensual rape cases the existing age limit has been raised from 15yrs to 18yrs Sec 69 of BNS introduce new provision as sexual intercourse by employing deceitful means Sec 70 of BNS:- Gang Rape; removes the age based parameters and now provides death Penalty for Gang Rape of women u/d 18 yrs of age CONTINUED……………….

19. MCQ (MULTIPLE CHOICE QUESTIONS) Q1 Of offences against women an child comes under the chapter Chp 4 Chp 5 Chp 6 Both a & b Q2 Consensual sexual acts by a man with his own wife is not rape If the wife not under 18yrs of age If the wife not under 15yrs of age If the wife not under 12yrs of age If the wife not under 16yrs of age Q3 Punishment for rape on a women under 16 years of age is punishable u/d sec 64 65 66 67

20. Q4 Whether false promise of marriage is an offence Yes No Both a) and b) Neither a) nor b) Q5 Punishment for Rape; where a women is u/d 18 yrs of age is given under 69(1) 69(2) 70(1) 70(2) Q6 Disclosure of Identity of victim of Certain Offences etc is defined in 228A 71 72 73

21. Q7 Printing or Publishing any matter relating to court proceedings without permission is defined 73(1) 73 74(1) 74 Q8 Assault or use of criminal force to women with intent to outrage her modesty is committed by A man A women Both a) and b) Neither a) nor b) Q9 Voyeurism defined in Sec 76 Sec 77 Sec 78 Sec 79 Q10 Stalking can be committee by A man A women Any person Both a & b

22. Q11 Dowry Death 70 (b) 80 (c) 90 (d) 99 Q12 Bigamy is defined under 494 (b) 80 (c) 81 (d) 82 Q 13 Cruelty by husband or relatives of husband comes under 498A (b) 95 (c) 85 (d)86 Q 14 Cruelty defined 85 (b)86 87 (d)88 Q15 Cruelty is defined 85 (b) 87 86 (d) 88

23. Q 16 By causing Miscarriage related offence comes under 87-91 (b) 88-92 89-93 (d) 90-94 Q 17 Which Section deals with Hiring,, employing or engaging a child to commit an offence 93 94 95 96 Q18 Sec 96 Defines Procuration of a minor Procuration of a child Procuration of a minor girl Procuration of a minor child

24. THANK YOU