The government recently introduced the BNS bill (Bharatiya Nyaya Sanhita), which replaces the IPC of 1860. The government said this bill’s main focus is on crimes against women, but the main question is how much it differs from the previous one.
The BNS bill aims to replace the IPC, the main criminal law of India. It reforms the existing provisions of the IPC to make them more relevant and responsive to the current challenges.
The BNS bill proposes to scrap the marital rape exception under section 375 of the IPC, which states that sexual intercourse by a man with his own wife, if she is not under 18, is not rape. The bill recognises that any sexual act without consent, regardless of marital status, is rape and punishable with imprisonment for 7 to 10 years or life.
However, the BNS bill is not entirely different from the IPC. It follows the same structure and format as the IPC. It also adopts some of the amendments and modifications that have been made to the IPC over time by various acts and judgments. For example, Section 376 of the IPC, which deals with rape, was amended by the Criminal Law (Amendment) Act, 2013 to include new offences such as gang rape, rape by a person in authority, rape causing grievous hurt or death, etc.
