{"title":"A Comparative Study of the Indian Penal Code and the Bharatiya Nyaya Sanhita’s Gender-related Provisions","authors":"Himanshu Shrivastava, Sabeeh Akhter","doi":"10.1093/slr/hmae033","DOIUrl":null,"url":null,"abstract":"The Bharatiya Nyaya Sanhita (BNS) of 2023 replaces the existing Indian Penal Code (IPC) of 1860 as the primary penal law of India. The new BNS offers a potential pathway for the reformation of the legal landscape concerning gender-based offences in India. This paper analyzes all such changes introduced in the BNS (relating to provisions of gender-related offenses such as adultery, assault, cruelty, domestic violence, rape, sex trafficking, etc.) by comparing them to the previous Indian Penal Code (IPC, 1860). This paper explores the new bill’s potential to address long-standing gender inequalities in the existing code. It also assesses its limitations and suggests areas for improvement. In doing so, it also emphasizes the importance of recognizing and protecting LGBTQIA+ rights within the legal framework.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3000,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Statute Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/slr/hmae033","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
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Abstract
The Bharatiya Nyaya Sanhita (BNS) of 2023 replaces the existing Indian Penal Code (IPC) of 1860 as the primary penal law of India. The new BNS offers a potential pathway for the reformation of the legal landscape concerning gender-based offences in India. This paper analyzes all such changes introduced in the BNS (relating to provisions of gender-related offenses such as adultery, assault, cruelty, domestic violence, rape, sex trafficking, etc.) by comparing them to the previous Indian Penal Code (IPC, 1860). This paper explores the new bill’s potential to address long-standing gender inequalities in the existing code. It also assesses its limitations and suggests areas for improvement. In doing so, it also emphasizes the importance of recognizing and protecting LGBTQIA+ rights within the legal framework.
期刊介绍：
The principal objectives of the Review are to provide a vehicle for the consideration of the legislative process, the use of legislation as an instrument of public policy and of the drafting and interpretation of legislation. The Review, which was first established in 1980, is the only journal of its kind within the Commonwealth. It is of particular value to lawyers in both private practice and in public service, and to academics, both lawyers and political scientists, who write and teach within the field of legislation.
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