New Delhi: In a bid to modernize outdated colonial-era criminal laws, the Indian government has introduced three new bills in Parliament - the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Saksha Bill 2023. These bills signal a substantial shift in the legal landscape of the nation.
While the primary focus of these new bills lies in amending the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act (IEA), they inadvertently open discussions about the potential implications for Section 377 of the IPC, which pertains to sexual offenses involving men and the LGBTQ community. The Bharatiya Nyaya Sanhita (BNS) Bill introduces the criminalization of engaging in sexual intercourse with a woman under false pretenses of marriage. However, its broader impact arises from the proposed removal of Section 377 and the decriminalization of acts like adultery, possibly leading to the reduction of protections against sexual crimes targeting men and LGBTQ individuals.
The BNS bill redefines rape as an act of sexual violence perpetrated by a man against a woman or a child. This potentially leaves room for the decriminalization of certain sexual offenses against adult men currently covered by Section 377, unless further amendments are introduced. Presently, Section 377 of the IPC stipulates, "Whoever voluntarily engages in unnatural carnal intercourse with any man, woman, or animal, shall be subject to imprisonment for life or imprisonment of up to ten years, along with a fine."
Beyond this, the government's new bill also endeavors to decriminalize adultery, rendering it a non-punishable act. However, couples will retain the right to seek divorce based on grounds of adultery. Additionally, the bill brings a notable change by making the crime of voyeurism gender-neutral, carrying a penalty of three to seven years. As these legal transformations unfold, a chorus of concern has arisen from activists and Opposition leaders. Criticism primarily revolves around the Bharatiya Nyaya Sanhita 2023 bill potentially leaving men aged 18 and above less safeguarded against rape and other sexual offenses.
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