Offences Against Women Under Indian Penal Code, 1860 And the Bharatiya Nyaya Sanhita, 2023: An Analytical Study.

Abstract

Abstract This study presents an analytical comparison of offences against women under the Indian Penal Code, 1860 (IPC) and the Bharatiya Nyaya Sanhita, 2023 (BNS). It examines major offences including rape, assault with intent to outrage modesty, sexual harassment, voyeurism, stalking, dowry death, cruelty by husband or relatives, kidnapping or abduction for marriage, miscarriage, and offences relating to the procuration, sale, and purchase of girls for prostitution. The study adopts a doctrinal research methodology based on books, journals, commentaries, and government-published data. Particular attention is given to the changes introduced by the BNS and to comparative offence data for Maharashtra and India for 2023 and 2024. The findings indicate that while several categories of offences declined in 2024, some offences increased, including rape, voyeurism, insult to the modesty of women, and certain other categories in Maharashtra. The study therefore finds that the hypothesis that offences against women are increasing after the enactment of the BNS is only partly supported and partly disproved. The analysis highlights the continuing need to evaluate the effectiveness of the new criminal law in protecting women and addressing gender-based offences.