Offences against Women and Children under the New Law:

An overview

Key features of The Bhartiya Nyaya Sanhita, 2023(BNS)

• The various offences have been made gender neutral.

• The terms ‘child’ has been defined and ‘gender’ has been redefined.

• It speaks of streamlining the provisions relating to offences and penalties.

• It provides for the first time, community service as one of the punishments
for petty offences.

• The offences against women and children, murder and offences against State
have been given precedence.

• New offences of terrorist activities and organized crime have been added.
Sedition is no longer an offence.

• A new offence on acts of secession, armed rebellion, subversive activities,

separatist activities or endangering sovereignty or unity and integrity of India
has been introduced.

• Fines and punishments of various offences have been enhanced.

• Overlapping of certain offences with special laws is there which needs

compliance and possibility of levelling multiple charges.

Page 457 of 553

 V. Comparative analysis of offences against woman and child in the BNS

Sections of Indian Penal Sections of Bhartiya Offence

Code, 1860 Nyaya Sanhita, 2023
375 63 Rape

376 (1) & (2) 64 Punishment for Rape

376 (3) 65 (1) Punishment for Rape in certain cases (under 16

years of age)
376 AB 65 (2) Punishment for Rape on woman under 12 years of
age)
376 A 66 Punishment for causing death or resulting in
persistent vegetative state of victim
376 B 67 Sexual intercourse by husband upon his wife
during separation
376 C 68 Sexual intercourse by person in authority
--- 69 Sexual intercourse by employing deceitful means
376 D 70(1) Gang rape

376 DA & DB 70(2) Gang rape

(Gang rape upon woman below Upon a woman below 18 years
16 years and 12 years
respectively)
376 E 71 Punishment for repeat offenders

228 A(1) & (2) 72 Disclosure of identity of the victim of certain

offences
228 A(3) 73 Printing or publishing any matter relating to court
proceedings without permission
354 74, 75 Assault or criminal force to woman with intent to
354 A outrage her modesty
Sexual harassment
354 B 76 Assault or criminal force to woman with intent to
disrobe
354 C 77 Voyeurism

354 D 78 Stalking
509 Word, gesture or act intended to insult modesty
of a woman
304 B 80 Dowry death
493 81 Cohabitation caused by man deceitfully inducing
belief of lawful marriage
494 82(1) Marrying again during lifetime of husband or wife
495 82(2) Marrying again during lifetime of husband or wife
with concealment of former marriage from person
with whom subsequent marriage is contracted
496 83 Marriage ceremony fraudulently gone through
without lawful marriage
498 84 Enticing or taking away or detaining with criminal
intent a married woman
498 A 85 Husband or relative of husband of a woman
subjecting her to cruelty

Page 458 of 553

498 A Explanation 86 Cruelty defined

366 87 Kidnapping, abducting or inducing woman to

compel her for marriage etc.
312 88 Causing miscarriage
313 89 Causing miscarriage
Without woman’s consent
314 90 Death caused by act done with intent to cause
miscarriage
315 91 Act done with intent to prevent child being born
alive or to cause to die after birth
316 92 Causing death of quick unborn child by act
amounting to culpable homicide
317 93 Exposure and abandonment of child under 12
years, by parent or person having care of it
318 94 Concealment of birth by secret disposal of dead
body
---- Hiring, employing or engaging a child to commit
an offence
366 A (Earlier it was minor 96 Procuration of child
girl)
369 97 Kidnapping or abducting a child under 10 years
with intent to steal from its person
372 98 Selling child for purposes of prostitution etc
373 99 Buying child for purposes of prostitution etc.
359 137(1) Kidnapping
360 137(1)(a) Kidnapping from India Kidnapping from lawful
361 137(1)(b) guardianship Punishment for Kidnapping
363 137(2)
362 138 Abduction
363 A(1) 139(1) Kidnapping a child for purposes of begging
363 A(2) 139(2) Maiming a child for purposes of begging
(Life imprisonment) (not less than 20 yrs
but may extend to life)
364 140(1) Kidnapping or abduction in order to murder
364 A 140(2) Kidnapping for ransom etc.
365 140(3) Kidnapping or abducting with intent secretly and
wrongfully to confine person
367 140(4) Kidnapping or abducting in order to subject
person to grievous hurt, slavery etc.
366 B 141 Importation of girl from foreign country
368 142 Wrongfully concealing or keeping in confinement
367 140(4) Kidnapping or abducting in order to subject
person to grievous hurt, slavery etc.
368 142 Wrongfully concealing or keeping in confinement
kidnapped or abducted person

Page 459 of 553

WOMEN, CHILDREN AND THE NEW
CRIMINAL LAWS

An overview of changes introduced in Bharatiya Nyaya Sanhita

and Bharatiya Nagarik Suraksha Sanhita, 2023

Page 460 of 553

 BACKGROUND

Language modernized, Made victim and

Over 600 changes offences re-organized, witness central to
introduced provisions amended, the criminal
added and deleted legislation

Ease of public Technology and

engagement in the timelines introduced
criminal justice to streamline
system enhanced processes
Page 461 of 553
 INTENDED GOALS

To make the criminal

justice system of the
country

Technologically Transparent Credible and

Justice Driven
adept and Swift Accountable

Page 462 of 553

BHARATIYA NAGARIK SURAKSHA
SANHITA

Page 463 of 553

 CHANGES IN DEFINITION

The requirement of the accused person being formally

charged eliminated. This modification expedites the process of • Definition of ‘victim’
victims receiving compensation entitled to them in certain broadened
cases
S. 2(1) (wa) “victim” means a person who has suffered any loss or injury • Code of Criminal
caused by reason of the act or omission for which the accused
person has been charged and the expression “victim” includes his or
Procedure, 1973
her guardian or legal heir;

S. 2(1)(y) "victim" means a person who has suffered any loss or injury
• Bharatiya Nagarik
caused by reason of the act or omission of the accused person and
includes the guardian or legal heir of such victim; Suraksha Sanhita, 2023

Page 464 of 553

 WOMEN CENTRIC CHANGES

●Section 176(1) Second Proviso – In order to provide more protection to the

victim and enforce transparency in investigation related to an offence of rape, the
statement of the victim shall be recorded through audio video means by
police.
o183(6)(a) Proviso 1 – For certain offences against woman, statements of the victim
are to be recorded, as far as practicable, by a woman Magistrate and in her
absence a male Magistrate in the presence of a woman.

o183(6)(a) Proviso 2 – The Magistrate shall now record the statement of a witness in
case of certain offences against women that are punishable with imprisonment for ten
years or more or with imprisonment for life or with death.

Page 465 of 553

 WOMEN CENTRIC CHANGES

Section 184(6) - Medical practitioners are mandated to send the medical report of a victim of rape
to the investigating officer within 7 days.

Section 179(1) First Proviso– Exemption from attending the police station is given to woman,
male person below 15 years, person above 60 years (earlier 65 years), mentally or physically disabled
person and a person with acute illness. Further, a second proviso to sub– section (1) is added to allow
the persons mentioned in the exemption category to attend at the police station if he/she is willing
so to do.

Section 195(1) Proviso – Provides that no male person under the age of fifteen years or above the
age of 60 years (65 years earlier) or a woman or a mentally or physically disabled person or a
person with acute illness shall be required to attend at any place other than the place in which such
male person or woman resides. In cases where such a person is willing to attend the police station,
they may be allowed to do so.
Page 466 of 553
 CHANGES AFFECTING WOMEN

Changes in Information to the Police and their Powers to Investigate

• Section 173(1) – The provision of filing of Zero FIR has been introduced. Now, when
information is received by the police that discloses the commission of an offence outside the
limits of a police station, it shall be entered in the book to be kept by such officer.
• The provision for lodging information through electronic communication (e– FIR) has been
added with the enabling provision that the signature of the person giving such information shall
be taken within 3 days before the e– FIR is taken on record.
• Section 173(2) – The right of the victim to get a free of cost copy of FIR forthwith
introduced.

Police Report and Supply of Documents

• Section 193(3)(ii) – To make the law more victim centric, it is mandated that the police officer
must inform the progress of investigation to the informant or victim within 90 days of
the investigation.Technology has been included as a valid mode of communication for conveying
this information to the victim/informant. Page 467 of 553
 CHANGES AFFECTING WOMEN

Process to Compel Appearance

• Section 66 – Gender neutrality has been introduced and women have been included as an
adult member of the family for the purpose of service of summons on behalf of the person
summoned.The earlier reference to ‘some adult male member’ has been replaced with ‘some
adult member’

Changes in Order for Maintenance of Wives, Children and Parents

• Section 145 – Introduces the inclusion of both father and mother in the proceedings for
an order of maintenance from the place where the dependent parent resides. This removed the
difficulty which existed in the CrPC wherein in case of parents, the place for initiation of
proceeding was the place of residence of their son.
Page 468 of 553
 CHANGES AFFECTING WOMEN

General Provisions as to Inquiries and Trials

• Section 360 – The Court shall afford an opportunity to the victim to be heard before
withdrawal of prosecution.
• Section 392 – A time period of 45 days from the date of termination of trial is provided for the
judgment to be pronounced in any criminal Court. The Court to upload the copy of the judgment
on its portal within 7 days from the date of judgment. An accused in custody can be brought to hear
the judgment pronounced through audio – video electronic means as well.

Introduction of Witness Protection Scheme

• Section 398 – New Section. Mandates the preparation and notification of a witness protection
scheme by every State Government. A witness protection scheme serves as a safeguarding mechanism,
fostering an environment where witnesses can contribute to the legal process devoid of fear or duress.
The necessity for a comprehensive witness protection scheme has been underscored by the Malimath
Committee and various Law Commission Reports. In Mahendra Chawla v UOI, the Witness
Protection Scheme 2018 (draft) was approved by the Supreme Court.
Page 469 of 553
 GENERAL REFORMS INTRODUCED

Introduction of timeline
• Supply of police report, documents etc.- 14 Days
• Committal of case- 90 days extendable up to 180 days
• Filing discharge application- 60 days
• Framing of change- 60 days.
• Complaint case- 30 days notice to complaint for appearance
Use of technology

• Deposition of evidence of witnesses by audio-video electronic means at the designated place to be notified by the State
Government.
• Deposition by successor-in-office via audio-video electronic means.

Introduction of discharge in summons cases

Making summary trial mandatory for limited set of offences and widening the power of Magistrate
to try cases punishable with 3 years punishment to try summarily.
Page 470 of 553
 GENERAL REFORMS INTRODUCED

• Section 20 establishes a comprehensive Directorate of Prosecution. For the

first time, the provision for District Directorate of Prosecution has been made.
• The Director of Prosecution will be responsible for giving opinions on filing
appeals and monitoring cases punishable with 10 years or more/life
imprisonment/death.
Prosecution • The Deputy Director of Prosecution has been made responsible to examine
related police report and monitor the cases punishable for 7 years or more but
Reforms: less than 10 years and for ensuring their expeditious disposal.
• The Assistant Director of Prosecution has been empowered to monitor cases
punishable for less than 7 years.
• The BNSS makes the provision for the Central Government to appoint the Public
Prosecutor or Additional Public Prosecutor for the purpose of prosecution before
the Delhi High Court. (Section 18(1) Proviso)

Page 471 of 553

 GENERAL REFORMS INTRODUCED

• Introduction of Zero FIR, e-FIR, Preliminary Enquiry, Investigation

by senior police officer, use of forensic experts, timeline for
completing further investigation (90 days), deemed sanction in 120
days.
Investigation • Public servant is protected against false and frivolous cases at both
related reforms the stages- Complaint before the Magistrate and Application made
under section 175(3) (Police officer’s power to investigate cognizable
cases) Now considering the assertions made by the public servant and
receiving a report containing facts and circumstances of the incident from
his superior officer is mandatory.

Page 472 of 553

 GENERAL REFORMS INTRODUCED

• In Complaint cases- hearing the accused is made mandatory

before taking cognizance
• Arrest and custody:
• Partial restriction in making arrest in less than three years
punishable offence
Investigation • No arrest while forwarding the police report to the Magistrate
related reforms • No arrest for taking sample of handwriting/signature/voice
sample/finger impressions
• Additional medical examination of the arrested person in police
custody
• One designated police officer in every district and at every police
station to maintain records of arrest

Page 473 of 553

 GENERAL REFORMS INTRODUCED

• Arrest and custody:

• Notice of appearance- Form 1 has been added in Schedule 1 of the
BNSS.
• Use of handcuffs while effecting the arrest and production before
court of an arrested person.
• Power of police to detain or remove any person resisting, refusing,
disregarding etc. to conform to any direction of a police officer is
Investigation introduced in section 172 BNSS.
related reforms • Police custody period is 15 days spread over the initial period of
40/60 days based on the total period of 60/90 days.
• The accused being required for police custody beyond the first 15
days, will not be the sole ground for refusing grant of bail to the
accused.
• No scope for house arrest- detention shall only be in a police station
under police custody or in prison under judicial custody or any other place
declared as a prison by the Central Government or the State Government.
Page 474 of 553
 GENERAL REFORMS INTRODUCED

• In Summon to produce a document or a thing

production of electronic communication,
including communication devices which is
likely to contain digital evidence is introduced.
Summoning,
Search and • Videography of the process of search and
Seizure related seizure including the preparation of a list of
reforms seized items and the signing of it by the
witness is made mandatory.
• Proceeds of crime- Enable the police, with the
permission of the Court, to attach and forfeit
any property obtained as proceeds of crime.
Page 475 of 553
 GENERAL REFORMS INTRODUCED

• Search without warrant- Section 185 introduces several checks

on the powers of the police while conducting search. Firstly, the
police officer is required to record the grounds of his belief
for conducting search at a place in the ‘case-diary’ under
section 185(1). Further, any search conducted by a police
Summoning, officer shall be recorded through audio-video electronic
Search and means as per section 185(2). Further, Section 185(5) makes the
Seizure related police officer accountable to send, within 48 hours, the copies
reforms of any record made in this regard to the nearest
Magistrate empowered to take cognizance of the offence.
• Disposal of case property- Section 497 introduces the quick
disposal of case properties even during the investigation,
on preparation of a statement of the property by the
Court within 14 days after such property has been
photographed/ video graphed. Page 476 of 553
 GENERAL REFORMS INTRODUCED

• Submission of police report

• Magistrate taking cognizance of any offence upon receiving a police
report electronically.
Introduction of • Supply of copies to the accused
Technology • Summoning process- maintaining the register in the police station and
in the Court to keep the address, email address, phone number etc. of
the person to be summoned

• Widening the scope of ‘proclaimed offender’

Proclaimed • Forfeiture and attachment of property
Offender • In absentia trial

Page 477 of 553

BHARATIYA NYAYA SANHITA

Page 478 of 553

 RE-ORGANIZATION OF OFFENCE

Offences against woman and child which were scattered throughout in Indian Penal
Code, 1860.

They have been consolidated under Chapter–V of the Bharatiya Nyaya Sanhita,
2023.

Offences against woman and child have been given precedence over other offences.

1.BNS, 2023 consists of only 358 sections as opposed to 511 sections in IPC, 1860.

Page 479 of 553

 CHAPTER V - OF OFFENCES
AGAINST WOMAN AND CHILD
CHAPTER - V
Section 63 – 99 (BNS)

Of criminal force and Of offences relating Of causing Of offences against

Of sexual offences
assault against woman to marriage miscarriage, etc child
Sections 63 -73
Sections 74 – 79 Sections 80 – 87 Sections 88 – 92 Sections 93 – 99

Sections Sections Sections

Sections Sections
354 – 354D and 509 304B, 366 and 493 – 317, 318, 366A, 369,
375 – 376E (IPC) 312 – 316 (IPC)
(IPC) 498A (IPC) 372, 373 (IPC)

Page 480 of 553

 NEW OFFENCES INTRODUCED

Section 69. Sexual intercourse by employing deceitful means, etc. -

Whoever, by deceitful means or by making promise to marry to a woman
without any intention of fulfilling the same, has sexual intercourse with her,
such sexual intercourse not amounting to the offence of rape, shall be
punished with imprisonment of either description for a term which may
extend to ten years and shall also be liable to fine.

Explanation.—“deceitful means” shall include inducement for, or false

promise of employment or promotion, or marrying by suppressing identity

Page 481 of 553

 NEW OFFENCES INTRODUCED

Section 95. Hiring, employing or engaging a child to commit an

offence. - Whoever hires, employs or engages any child to commit an offence
shall be punished with imprisonment of either description which shall not be
less than three years but which may extend to ten years, and with fine; and if
the offence be committed shall also be punished with the punishment
provided for that offence as if the offence has been committed by such
person himself.

Explanation.—Hiring, employing, engaging or using a child for sexual

exploitation or pornography is covered within the meaning of this section
Page 482 of 553
 AGE ENHANCED

IPC Offence BNS Offence

S. 375 Rape S. 63 Rape

Exception 2.—Sexual intercourse or Exception 2.––Sexual intercourse or sexual

sexual acts by a man with his own wife, acts by a man with his own wife, the wife not
the wife not being under fifteen years of being under eighteen years of age, is not
age, is not rape. rape

Page 483 of 553

 SECTIONS MERGED

IPC Offence BNS Offence

S. 376 Punishment for S. 65 Punishment for rape in certain cases.
Rape 65(1) — Whoever, commits rape on a woman under sixteen years of age shall be
376(3) punished with rigorous imprisonment for a term which shall not be less than twenty
years, but which may extend to imprisonment for life, which shall mean imprisonment for
the remainder of that person’s natural life, and shall also be liable to fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim
S. 376AB. Punishment 65(2) — Whoever, commits rape on a woman under twelve years of age shall be
for rape on woman punished with rigorous imprisonment for a term which shall not be less than twenty
under twelve years of years, but which may extend to imprisonment for life, which shall mean imprisonment for
age the remainder of that person’s natural life, and with fine or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim
Page 484 of 553
 SECTIONS MERGED AND PUNISHMENT ENHANCED

IPC Offence BNS Offence

S. 376D Gang Rape S. 70 Gang Rape
S. 70(1) Where a woman is raped by one or more persons constituting a group or
acting in furtherance of a common intention, each of those persons shall be deemed
to have committed the offence of rape and shall be punished with rigorous
imprisonment for a term which shall not be less than twenty years, but which may
extend to imprisonment for life which shall mean imprisonment for the remainder of
that person’s natural life, and with fine: Provided that such fine shall be just and
reasonable to meet the medical expenses and rehabilitation of the victim: Provided
further that any fine imposed under this sub-section shall be paid to the victim.
S. 376DA Punishment for gang rape on S. 70(2) - Where a woman under eighteen years of age is raped by one or more
woman under sixteen years of age. persons constituting a group or acting in furtherance of a common intention, each of
those persons shall be deemed to have committed the offence of rape and shall be
punished with imprisonment for life, which shall punished with imprisonment for life, which shall mean imprisonment for the remainder
mean imprisonment for the remainder of that of that person’s natural life, and with fine, or with death:
person's natural life, and with fine Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim:
S. 376DB Punishment for gang rape on Provided further that any fine imposed under this sub-section shall be paid to the
woman under twelve years of age. victim.
punished with imprisonment for life, which shall
mean imprisonment for the remainder of that
person's natural life, and with fine, or with death Page 485 of 553
 SECTIONS MERGED

IPC Offence BNS Offence

S. 494. Marrying again during lifetime of S. 82 Marrying again during lifetime of husband or wife.
husband or wife. 82(1) Whoever, having a husband or wife living, marries in any case in which such marriage is void
by reason of its taking place during the life of such husband or wife, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
Exception.—This sub-section does not extend to any person whose marriage with such husband
or wife has been declared void by a Court of competent jurisdiction, nor to any person who
contracts a marriage during the life of a former husband or wife, if such husband or wife, at the
time of the subsequent marriage, shall have been continually absent from such person for the space
of seven years, and shall not have been heard of by such person as being alive within that time
provided the person contracting such subsequent marriage shall, before such marriage takes place,
inform the person with whom such marriage is contracted of the real state of facts so far as the
same are within his or her knowledge.

S. 495. Same offence with concealment S. 82(2) Whoever commits the offence under sub-section (1) having concealed from the person
of former marriage from person with with whom the subsequent marriage is contracted, the fact of the former marriage, shall be
whom subsequent marriage is punished with imprisonment of either description for a term which may extend to ten years, and
contracted. shall also be liable to fine.
Page 486 of 553
 GENDER NEUTRALITY FOR PERPETRATOR

Old Definitions (IPC) New Definitions (BNS)

S. 354B Assault or use of criminal force to woman with intent to S. 76 Assault or use of criminal force to woman with intent to
disrobe.—Any man who assaults or uses criminal force to any woman disrobe. —Whoever assaults or uses criminal force to any woman or
or abets such act with the intention of disrobing or compelling her to be abets such act with the intention of disrobing or compelling her to be
naked, shall be punished with imprisonment of either description for a naked, shall be punished with imprisonment of either description for a
term which shall not be less than three years but which may extend to term which shall not be less than three years but which may extend to
seven years, and shall also be liable to fine. seven years, and shall also be liable to fine.
S. 354C Voyeurism.—Any man who watches, or captures the image S. 77 Voyeurism. —Whoever watches, or captures the image of a
of a woman engaging in a private act in circumstances where she would woman engaging in a private act in circumstances where she would
usually have the expectation of not being observed either by the usually have the expectation of not being observed either by the
perpetrator or by any other person at the behest of the perpetrator or perpetrator or by any other person at the behest of the perpetrator or
disseminates such image shall be punished on first conviction with disseminates such image shall be punished on first conviction with
imprisonment of either description for a term which shall not be less imprisonment of either description for a term which shall not be less
than one year, but which may extend to three years, and shall also be than one year, but which may extend to three years, and shall also be
liable to fine, and be punished on a second or subsequent conviction, liable to fine, and be punished on a second or subsequent conviction,
with imprisonment of either description for a term which shall not be with imprisonment of either description for a term which shall not be
less than three years, but which may extend to seven years, and shall also less than three years, but which may extend to seven years, and shall also
be liable to fine. be liable to fine.

Page 487 of 553

 GENDER NEUTRALITY
INTRODUCED FOR VICTIM

Old Definitions (IPC) New Definitions (BNS)

S. 366B. Importation of girl from foreign country. S. 141 Importation of girl or boy from foreign
country.

Whoever imports into India from any country outside India any girl
Whoever imports into India from any country outside India or from the
under the age of twenty-one years or any boy under the age
State of Jammu and Kashmir any girl under the age of twenty-one
of eighteen years with intent that girl or boy may be, or
years with intent that she may be, or knowing it to be likely that she will be,
knowing it to be likely that girl or boy will be, forced or seduced to
forced or seduced to illicit intercourse with another person, shall be
illicit intercourse with another person, shall be punishable with
punishable with imprisonment which may extend to ten years and shall also
imprisonment which may extend to ten years and shall also be liable
be liable to fine
to fine.

Page 488 of 553

 MINOR GIRL REPLACED WITH CHILD

Old Definitions (IPC) New Definitions (BNS)

S. 366A. Procuration of minor girl. —Whoever, S. 96. Procuration of child. —Whoever, by any
by any means whatsoever, induces any minor girl means whatsoever, induces any child to go from any
under the age of eighteen years to go from any place place or to do any act with intent that such child
or to do any act with intent that such girl may be, or may be, or knowing that it is likely that such child
knowing that it is likely that she will be, forced or will be, forced or seduced to illicit intercourse with
seduced to illicit intercourse with another person another person shall be punishable with
shall be punishable with imprisonment which may imprisonment which may extend to ten years, and
extend to ten years, and shall also be liable to fine. shall also be liable to fine

Page 489 of 553

 PUNISHMENT ENHANCED

Old Punishment (IPC) New Punishment (BNS)

S. 373. Buying minor for purposes of prostitution, S. 99. Buying child for purposes of prostitution,
etc.—Whoever buys, hires or otherwise obtains etc. — Whoever buys, hires or otherwise obtains
possession of any person under the age of eighteen possession of any child with intent that such child shall
years with intent that such person shall at any age be at any age be employed or used for the purpose of
employed or used for the purpose of prostitution or prostitution or illicit intercourse with any person or for
illicit intercourse with any person or for any unlawful any unlawful and immoral purpose, or knowing it to be
and immoral purpose, or knowing it to be likely that likely that such child will at any age be employed or
such person will at any age be employed or used for any used for any such purpose, shall be punished with
such purpose, shall be punished with imprisonment of imprisonment of either description for a term which
either description for a term which may extend to shall not be less than seven years but which may
ten years, and shall also be liable to fine. extend to fourteen years, and shall also be liable
to fine.
Page 490 of 553
 AGE DIFFERENTIAL REMOVED

Old Definitions (IPC) New Definitions (BNS)

S. 361. Kidnapping from lawful guardianship.— S. 137. Kidnapping.—

Whoever takes or entices any minor under sixteen (1)(b) whoever takes or entices any child or any
years of age if a male, or under eighteen years of person of unsound mind, out of the keeping of the
age if a female, or any person of unsound mind, out of the lawful guardian of such child or person of unsound
keeping of the lawful guardian of such minor or person of mind, without the consent of such guardian, is said to
unsound mind, without the consent of such guardian, is said kidnap such child or person from lawful guardianship.
to kidnap such minor or person from lawful guardianship.

Page 491 of 553

THANK YOU

Page 492 of 553

 Ready Reckoner: Trial in Absentia

 The BNSS has introduced provisions for conducting trial in absentia

of certain kinds of accused. This allows the trial and pronouncement
of judgment in the absence of the accused, which was not provided
under the previous Cr.P.C.

 Trial in absentia refers to conducting a criminal trial without the

presence of the accused person in court. Earlier, Indian law did not
allow trial, conviction or sentencing of any person in absentia even
for heinous offences.

 Under Section 355 of the BNSS, the Judge or Magistrate may

conduct a trial of an accused in his absence if it is deemed that the
personal attendance of the accused is not necessary in the interests
of justice, or if the accused persistently disturbs the proceedings in
court.

 The BNSS allows in-absentia trial of proclaimed offenders under

specific conditions. Section 356 of the BNSS mandates the court to
proceed with the trial in absentia when a person declared as a
proclaimed offender has absconded to evade trial, and there is no
immediate prospect of arresting him. It also specifies a mandatory
waiting period of ninety (90) days from the date of framing of the
charge before commencing the trial.

 The BNSS provides provisions for the pronouncement of judgment in

in-absentia trials. It states that the voluntary absence of the accused
after the trial has commenced shall not prevent the continuation of
the trial, including the pronouncement of the judgment, even if the
accused is arrested or appears at the conclusion of the trial.

Page 1 of 5

Page 493 of 553

 Provisions in New Criminal Laws Concerning Trial in Absentia

BNSS BSA
• Section 355 BNSS| Bharatiya Nagarik • Deemed Joint Trial, Section
Suraksha Sanhita (BNSS): 24 of Bharatiya Sakshya
Adhiniyam, 2023 (BSA)
Provision for inquiries and trial being held in the
absence of accused in certain cases. New Explanation II is added in
section 24 of Bharatiya Sakshya
(1) At any stage of an inquiry or trial under this Adhiniyam, 2023 so as to clarify
Sanhita, if the Judge or Magistrate is satisfied, that “A trial of more persons than
for reasons to be recorded, that the personal one held in the absence of the
attendance of the accused before the Court is accused who has absconded or
not necessary in the interests of justice, or that who fails to comply with a
the accused persistently disturbs the proclamation issued under section
proceedings in Court, the Judge or Magistrate 84 of the Bharatiya Nagarik
may, if the accused is represented by an Suraksha Sanhita, 2023 shall be
advocate, dispense with his attendance and deemed to be a joint trial for a
proceed with such inquiry or trial in his absence, purpose of this section.”
and may, at any subsequent stage of the
proceedings, direct the personal attendance of • Note: Section 84 BNSS 2023
such accused. provides for proclamation for
person absconding.

(2) If the accused in any such case is not

represented by an advocate, or if the Judge or
Magistrate considers his personal attendance
necessary, he may, if he thinks fit and for
reasons to be recorded by him, either adjourn
such inquiry or trial, or order that the case of
such accused be taken up or tried separately.

Explanation.—For the purpose of this section,

personal attendance of the accused includes
attendance through audio video electronic
means

• Section 356 BNSS| Bharatiya Nagarik

Suraksha Sanhita (BNSS):

Inquiry trial or judgment in absentia of

proclaimed offender.

(1) Notwithstanding anything contained in this

Sanhita or in any other law for the time being in
force, when a person declared as a proclaimed
offender, whether or not charged jointly, has
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absconded to evade trial and there is no
immediate prospect of arresting him, it shall be
deemed to operate as a waiver of the right of
such person to be present and tried in person,
and the Court shall, after recording reasons in
writing, in the interest of justice, proceed with the
trial in the like manner and with like effect as if he
was present, under this Sanhita and pronounce
the judgment:

Provided that the Court shall not commence the

trial unless a period of ninety days has lapsed
from the date of framing of the charge.

(2) The Court shall ensure that the following

procedure has been complied with before
proceeding under sub-section (1) namely:—
(i) issuance of execution of two consecutive
warrants of arrest within the interval of atleast
thirty days;
(ii) publish in a national or local daily newspaper
circulating in the place of his last known address
of residence, requiring the proclaimed offender to
appear before the Court for trial and informing
him that in case he fails to appear within thirty
days from the date of such publication, the trial
shall commence in his absence;
(iii) inform his relative or friend, if any, about the
commencement of the trial;
and
(iv) affix information about the commencement of
the trial on some conspicuous part of the house
or homestead in which such person ordinarily
resides and display in the police station of the
district of his last known address of residence.

(3) Where the proclaimed offender is not

represented by any advocate, he shall be
provided with an advocate for his defence at the
expense of the State.

(4) Where the Court, competent to try the case

or commit for trial, has examined any witnesses
for prosecution and recorded their depositions,
such depositions shall be given in evidence
against such proclaimed offender on the inquiry
into, or in trial for, the offence with which he is

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charged:

Provided that if the proclaimed offender is

arrested and produced or appears before the
Court during such trial, the Court may, in the
interest of justice, allow him to examine any
evidence which may have been taken in his
absence.

(5) Where a trial is related to a person under this

section, the deposition and examination of the
witness, may, as far as practicable, be recorded
by audio-video electronic means preferably
mobile phone and such recording shall be kept in
such manner as the Court may direct.

(6) In prosecution for offences under this

Sanhita, voluntary absence of accused after the
trial has commenced under sub-section (1) shall
not prevent continuing the trial including the
pronouncement of the judgment even if he is
arrested and produced or appears
at the conclusion of such trial.

(7) No appeal shall lie against the judgment

under this section unless the proclaimed offender
presents himself before the Court of appeal:

Provided that no appeal against conviction shall

lie after the expiry of three years from the date of
the judgment.

(8) The State may, by notification, extend the

provisions of this section to any absconder
mentioned in sub-section (1) of section 84 of this
Sanhita.

• Section 84 Of The Bharatiya Nagarik

Suraksha Sanhita

84. (1) If any Court has reason to believe

(whether after taking evidence or not) that
any person against whom a warrant has been
issued by it has absconded or is concealing
himself so that such warrant cannot be executed,
such Court may publish a written
proclamation requiring him to appear at a
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specified place and at a specified time not less
than thirty days from the date of publishing such
proclamation.
(2) The proclamation shall be published as
follows:—
(i) (a) it shall be publicly read in some
conspicuous place of the town or village
in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of
the house or homestead in
which such person ordinarily resides or to some
conspicuous place of such town or
village;
(c) a copy thereof shall be affixed to some
conspicuous part of the
Court-house;
(ii) the Court may also, if it thinks fit, direct a
copy of the proclamation to be
published in a daily newspaper circulating in the
place in which such person ordinarily
resides.
(3) A statement in writing by the Court issuing the
proclamation to the effect that the
proclamation was duly published on a specified
day, in the manner specified in clause (i) of
sub-section (2), shall be conclusive evidence
that the requirements of this section have
been complied with, and that the proclamation
was published on such day.
(4) Where a proclamation published under sub-
section (1) is in respect of a person
accused of an offence which is made punishable
with imprisonment of ten years or more, or
imprisonment for life or with death under the
Bharatiya Nyaya Sanhita, 2023 or under any
other law for the time being in force, and such
person fails to appear at the specified place
and time required by the proclamation, the Court
may, after making such inquiry as it thinks
fit, pronounce him a proclaimed offender and
make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3)
shall apply to a declaration made
by the Court under sub-section (4) as they apply
to the proclamation published under
sub-section (1).

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