👩‍⚖️ Offences Against Women & Children: IPC vs BNS

📖 Introduction

Protection of women and children is a fundamental objective of criminal law in India. The Indian Penal Code (IPC) has historically provided a detailed framework to address sexual offences, harassment, and offences affecting children, while the Bharatiya Nyaya Sanhita (BNS) modernizes these provisions, simplifying language, clarifying definitions, and consolidating overlapping sections. Judicial aspirants must understand these changes to navigate both examination questions and practical legal applications effectively. This blog provides a comprehensive comparison of IPC and BNS provisions regarding offences against women and children.

🚨 Rape & Sexual Assault – IPC vs BNS

Under the IPC, Sections 375–376 define rape, Section 354 addresses assault or harassment of women, and Section 509 criminalizes words, gestures, or acts intended to insult a woman’s modesty. BNS retains the essence of these offences but simplifies language, emphasizes consent, and clarifies the definitions of age, mental capacity, and consent.

Definition and Key Elements

In IPC, rape involves sexual intercourse without consent, with exceptions for marital relations under certain conditions. BNS refines this by specifying “act by which sexual penetration is committed without free consent” and removes ambiguity. Sexual harassment is broadened to include all forms of unwelcome physical or verbal conduct in professional or public spaces.

Illustrative Examples

• Workplace harassment: unsolicited advances, inappropriate gestures.
• Marital situations: mental and physical coercion clarified under BNS.
• Child sexual abuse: BNS provides clearer age definitions and emphasizes reporting obligations.

Exam-Oriented Notes

• BNS clarifies consent and age thresholds, making examination scenarios easier to analyze.
• Focus on differentiating assault, harassment, and rape based on intent, coercion, and victim age.

👧 Child Protection Offences – IPC vs BNS

IPC Sections 363–373 cover kidnapping, abduction, and illegal removal of children, as well as child labour. BNS consolidates these provisions, emphasizing the child’s best interest, and clarifies responsibilities for reporting and intervention.

Key Differences

• BNS explicitly defines ‘child’ and sets clear age limits for offences.
• Consolidates offences involving abduction, trafficking, and exploitation.
• Highlights reporting responsibilities of guardians, institutions, and public officials.

Examples & Practical Applications

• Abduction for sexual exploitation or forced labour.
• Illegal adoption or trafficking of children.
• Child neglect and abuse in institutional settings.

Exam Tips

• Understand intent and coercion distinctions between IPC and BNS.
• Memorize key sections consolidated under BNS for child protection.

🏠 Domestic Violence & Cruelty – IPC 498A, 304B vs BNS

Domestic violence and cruelty provisions address physical, mental, and emotional abuse. IPC Section 498A covers cruelty by husband or relatives, while 304B addresses dowry deaths. BNS retains the legal essence but simplifies clause structure for clarity.

Key Changes in BNS

• Language simplification for cruelty, mental harassment, and dowry-related offences.
• Clearer definitions of abuser, victim, and evidentiary requirements.
• Enhanced focus on mental cruelty alongside physical abuse.

Examples

• Persistent mental harassment leading to suicidal tendencies.
• Physical abuse linked to dowry demands.
• Neglect or forced isolation of women in domestic settings.

📊 Comparison Table: IPC vs BNS

📖 Case Law & Examples

• State of Rajasthan v. Kiran: Defines scope of assault and consent in rape laws.
• Sakshi v. Union of India: Clarifies harassment and mental cruelty in domestic violence cases.
• Child abduction and trafficking examples highlight BNS consolidation and clearer definitions.

📝 Key Takeaways for Judicial Aspirants

• Focus on consent, age, mental capacity, and intent distinctions.
• Understand BNS clarifications vs IPC wording.
• Internal links for deeper study:
  IPC vs BNS – Complete Pillar Blog |
  Murder & Culpable Homicide – IPC vs BNS |
  Dowry Death & Cruelty – IPC vs BNS |
  Rape Laws – IPC vs BNS

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