“Significant Changes to Criminal Code Aim to Protect Against Domestic Violence”
In a major move, the government has made crucial amendments to the Bharatiya Nyaya Sanhita (BNS), a part of the proposed replacement for existing criminal laws, including the Code of Criminal Procedure. The previous version, under Section 85, mandated a three-year jail term for a husband or his family found guilty of subjecting his wife to cruel treatment.
The BNS, as per PRS Legislative Research, acts as a comprehensive replacement for the Indian Penal Code (IPC). It retains key IPC provisions, introduces new offenses, eliminates ones invalidated by courts, and heightens penalties for various crimes. The Standing Committee on Home Affairs thoroughly examined this legislation.
The new Section 86 of the BNS represents a pivotal change. It broadens the definition of “cruelty” to encompass harm to a woman’s mental health, addressing a previously unclarified aspect. This amendment acknowledges the societal structure and family dynamics in Indian society, especially concerning newly married women who often reside with their husbands and in-laws.
The initial Section 85, which previously prescribed a three-year jail term for those found guilty of subjecting a wife to cruel treatment, lacked a clear definition of “cruel treatment.” However, the revised Section 86 now explicitly defines it, notably extending beyond physical harm to include harm to a woman’s mental well-being.
Additionally, the updated legislation introduces a second section that imposes a two-year jail term for the unauthorized disclosure of a sexual assault victim’s identity from court proceedings without their consent. This measure enhances privacy protection and reinforces the confidentiality of victims.
These revisions underscore the government’s commitment to modernizing laws to better safeguard individuals, particularly women, against domestic violence. As the Bharatiya Nyaya Sanhita progresses through the legislative process, these changes are poised to have a significant impact on addressing evolving societal needs and enhancing legal protections for vulnerable populations.”