Crimes Against Women in India: Legal Framework Under IPC and BNS, Punishments, and Landmark Judgments

Crimes against women remain among the most pressing concerns in India's criminal justice landscape. According to the National Crime Records Bureau (NCRB), crimes against women registered a consistent upward trend in the years preceding the introduction of the new

criminal laws, underscoring the persistent gap between legislative intent and ground realities. The Indian legal system has responded through continuous legislative reform — most significantly through the enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code, 1860 (IPC) with effect from 1 July 2024 and introduced modernised definitions, expanded protections, and stronger punishments for offences against women.

This article provides a complete legal guide to offences against women under both the IPC and the BNS, the procedural framework under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the body of landmark judgments that have shaped India's jurisprudence on crimes against women.

Legal Disclaimer: This article is for general informational and educational purposes only and does not constitute legal advice. The law is stated as applicable following the commencement of the BNS and BNSS on 1 July 2024. For advice specific to your situation, please consult a qualified advocate.

1. The Transition from IPC to BNS — What You Need to Know

The BNS, which came into force on 1 July 2024, replaced the Indian Penal Code, 1860 in its entirety. For all offences alleged to have been committed on or after 1 July 2024, the BNS governs. For offences committed before that date, the IPC continues to apply, and all cases registered under the IPC continue to be investigated and tried under the IPC and the Code of Criminal Procedure, 1973 (CrPC).

This dual framework means that practising lawyers and litigants must be conversant with both the IPC provisions and their BNS counterparts. Many of the landmark judgments interpreting IPC provisions remain directly relevant under the BNS, as the core definitions and principles are largely carried forward — though the BNS also introduces several genuinely new provisions that address gaps in the IPC regime.

The BNS also re-numbers virtually all sections, which is one of the most significant practical changes. The section-number mapping for key offences against women is set out comprehensively in this article.

2. Offences Against Women Under the Indian Penal Code, 1860

The following IPC provisions remain operative for offences committed before 1 July 2024 and continue to be litigated in courts across India.

Sexual Offences

Section 375 and Section 376 — Rape

Section 375 IPC defines rape through seven categories of non-consensual sexual acts and specifies seven circumstances constituting absence of consent. Section 376 prescribes a minimum sentence of 10 years rigorous imprisonment, extendable to life imprisonment,

along with a fine. The Criminal Law (Amendment) Act, 2013 — enacted in the aftermath of the December 2012 Delhi gang rape case on the recommendations of the Justice J.S. Verma Committee — substantially expanded the definition of rape, introduced a gender-neutral category of sexual assault, and prescribed mandatory minimum sentences.

Exception 2 to Section 375 — The Marital Rape Exception

Exception 2 to Section 375 IPC exempts sexual intercourse between a husband and his wife (provided the wife is not under 18 years of age) from the definition of rape. This exception remains one of the most contested provisions in Indian criminal law. Following a split verdict of the Delhi High Court in 2022, the constitutional challenge to Exception 2 is presently pending before a three-judge Bench of the Hon'ble Supreme Court (Hrikesh Sahoo v. State of Karnataka). In October 2024, the Union Government filed an affidavit opposing the striking down of the exception, and hearings remain ongoing before a new Bench following the retirement of the previous Chief Justice.

Section 376A — Rape causing death or vegetative state Punishment: Not less than 20 years rigorous imprisonment, extendable to life imprisonment (natural life), or death penalty.

Section 376AB — Rape of a woman under 12 years Punishment: Not less than 20 years rigorous imprisonment, extendable to life imprisonment or death penalty.

Section 376B — Sexual intercourse by husband upon wife during separation Punishment: 2 to 7 years imprisonment and fine.

Section 376C — Sexual intercourse by a person in authority Covers superintendents of jails, hospitals, remand homes, management personnel, and persons in a position of trust or authority. Punishment: 5 to 10 years imprisonment and fine.

Section 376D — Gang rape Punishment: Not less than 20 years rigorous imprisonment, extendable to life imprisonment (natural life), and fine to be paid to the victim.

Section 376DA — Gang rape of a woman under 16 years Punishment: Life imprisonment (natural life) and fine.

Section 376DB — Gang rape of a woman under 12 years Punishment: Life imprisonment (natural life) or death penalty, and fine.

Section 376E — Repeat offenders A person previously convicted of rape and convicted again under Sections 376, 376A, or 376D shall be punished with life imprisonment (natural life) or death penalty.

Criminal Force and Assault Against Women

Section 354 — Assault or criminal force to outrage modesty Punishment: Minimum 1 year, extendable to 5 years, and fine.

Section 354A — Sexual harassment Covers: unwelcome physical contact and sexual advances; demands or requests for sexual favours; showing pornography against a woman's

will; making sexually coloured remarks. Punishment: 1 to 3 years depending on the nature of the act, and fine.

Section 354B — Assault with intent to disrobe Punishment: 3 to 7 years rigorous imprisonment and fine.

Section 354C — Voyeurism Covers capturing images of, or watching, a woman engaging in a private act. Punishment: 1 to 3 years for a first offence; 3 to 7 years for a subsequent offence.

Section 354D — Stalking Covers following, contacting, monitoring, or attempting to contact a woman repeatedly against her expressed wish, whether physically or in digital/online spaces. Punishment: 1 to 3 years for a first offence; 3 to 5 years for a subsequent offence.

Section 509 — Word, gesture, or act intended to insult modesty Covers any word, gesture, sound, or act intended to insult the modesty of a woman, or intruding upon her privacy. Punishment: Simple imprisonment up to 3 years and fine.

Offences Relating to Marriage

Section 304B — Dowry death Where a woman's death is caused by burns, bodily injury, or abnormal circumstances within 7 years of marriage and it is shown that she was subjected to cruelty or harassment in connection with demands for dowry, such death is deemed a "dowry death." Punishment: Minimum 7 years, extendable to life imprisonment.

Section 494 — Bigamy Marrying again during the lifetime of a spouse while the first marriage subsists. Punishment: Up to 7 years imprisonment and fine.

Section 496 — Marriage ceremony fraudulently gone through without lawful marriage Punishment: Up to 7 years imprisonment and fine.

Section 498A — Cruelty by husband or relatives Covers any wilful conduct likely to drive a woman to suicide or cause grave injury to her health, and harassment to coerce her or her family to meet unlawful demands, including dowry. Punishment: Up to 3 years imprisonment and fine. This section is cognisable and non-bailable. It has been the subject of significant judicial interpretation — and judicial concern — regarding both its protective scope and its alleged misuse in matrimonial disputes.

Section 228A — Disclosure of identity of rape victim Prohibits printing or publishing any information that may reveal the identity of a victim of rape or sexual offence. Punishment: Up to 2 years imprisonment and fine.

3. Offences Against Women Under the Bharatiya Nyaya Sanhita, 2023

Chapter V of the BNS, titled "Of Offences Against Women and Children," contains all offences against women across five sub-categories: sexual offences (Sections 63–73); criminal force and assault against women (Sections 74–79); offences relating to marriage

(Sections 80–87); causing miscarriage (Sections 88–92); and offences against children (Sections 93–99).

The full and accurate section-by-section mapping is set out below.

Sub-Category 1: Sexual Offences (Sections 63–73)

Section 63 — Definition of Rape Section 63 BNS carries forward the definition of rape from Section 375 IPC with one significant addition: oral penetration (applying mouth to the vagina, anus, or urethra) is now explicitly included in the definition, closing a textual ambiguity that existed in the IPC. The seven circumstances constituting absence of consent are retained. Exception 2 — the marital rape exception — is retained under Section 63, applying where the wife is above 18 years of age and the couple is cohabiting (not separated). This continuation of the marital rape exception in the BNS is currently under challenge before the Hon'ble Supreme Court.

Section 64 — Punishment for Rape Punishment: Rigorous imprisonment of not less than 10 years, extendable to life imprisonment (remainder of natural life), and fine. This section contains two sub-sections — Section 64(1) for the basic offence, and Section 64(2) for rape in specific aggravated circumstances (by police officers, public servants, armed forces personnel, management or staff of hospitals, or persons in a position of trust or authority, and gang rape).

Section 65 — Punishment for Rape in Certain Cases (Age-Based Aggravation)

• Section 65(1): Rape of a woman under 16 years of age — rigorous imprisonment of not less than 20 years, extendable to life imprisonment, and fine (to be paid to the victim for medical expenses and rehabilitation).

• Section 65(2): Rape of a woman under 12 years of age — rigorous imprisonment of not less than 20 years, extendable to life imprisonment, and fine; or death penalty.

Section 66 — Punishment for Rape Causing Death or Persistent Vegetative State Punishment: Rigorous imprisonment of not less than 20 years, extendable to life imprisonment, or death penalty.

Section 67 — Sexual Intercourse by Husband Upon Wife During Separation Where a husband has sexual intercourse with his wife who is living separately under a decree of separation or without her consent during such period. Punishment: 2 to 7 years imprisonment and fine. Note: This is distinct from the marital rape exception under Section 63. Section 67 creates liability specifically in separation scenarios; Section 63 Exception 2 retains the general exemption for cohabiting married couples.

Section 68 — Sexual Intercourse by a Person in Authority Covers superintendents of jails, hospitals, and remand homes, and persons exploiting a position of trust or authority. Punishment: 5 to 10 years imprisonment and fine.

Section 69 — Sexual Intercourse by Employing Deceitful Means This is a new provision under the BNS with no direct equivalent in the IPC. Section 69 criminalises sexual intercourse that does not amount to rape but is obtained through deceitful means, including: a false promise to marry without any intention of fulfilling it; false promise of employment or

promotion; and inducing the woman by suppressing identity (e.g., impersonating another person). Punishment: Up to 10 years imprisonment and fine.

Important note: Section 69 does not apply where the act constitutes rape under Section 63. It occupies the space between consensual intercourse and rape — specifically addressing cases where consent, though apparently given, is vitiated by deception.

Section 70 — Gang Rape

• Section 70(1): Gang rape of a woman — rigorous imprisonment of not less than 20 years, extendable to life imprisonment (natural life), and fine payable to the victim.

• Section 70(2): Gang rape of a woman under 18 years of age — life imprisonment (natural life) and fine. Anticipatory bail is not available for this offence under Section 482 BNSS.

Section 71 — Punishment for Repeat Offenders A person previously convicted under Sections 64, 65, 66, or 70 and convicted again under these provisions shall be punished with life imprisonment (natural life) or death.

Section 72 — Disclosure of Identity of Victim No person may print or publish the name or any matter that may reveal the identity of a victim of offences under Sections 64, 65, 66, 67, 68, 69, 70, or 71. Punishment: Up to 2 years imprisonment and fine. Exceptions exist for publication by investigating officers acting in good faith, by the victim themselves (in writing), and by next of kin of victims who are deceased, minors, or of unsound mind (with written authorisation).

Section 73 — Printing or Publishing Court Proceedings Without Permission Whoever prints or publishes any matter in relation to court proceedings concerning offences under Section 72 without the court's prior permission shall be punished with up to 2 years imprisonment and fine. Publication of judgments of the High Court or Hon'ble Supreme Court is not an offence under this section.

Sub-Category 2: Criminal Force and Assault Against Women (Sections 74–79)

Section 74 — Assault or Criminal Force with Intent to Outrage Modesty Corresponds to Section 354 IPC. Punishment: 1 to 5 years imprisonment and fine.

Section 75 — Sexual Harassment Corresponds to Section 354A IPC. Covers: unwelcome physical contact involving explicit sexual overtures; demands or requests for sexual favours; showing pornography; and making sexually coloured remarks. Punishment: Up to 3 years (for physical contact and sexual advances or demand for sexual favours or showing pornography); up to 1 year (for sexually coloured remarks); and fine in all cases.

Section 76 — Assault or Criminal Force with Intent to Disrobe Corresponds to Section 354B IPC. Made gender-neutral under the BNS (committed by "whoever," not limited to men). Punishment: 3 to 7 years rigorous imprisonment and fine.

Section 77 — Voyeurism Corresponds to Section 354C IPC. Made gender-neutral under the BNS. Covers: capturing images of, or watching, a woman (or person) engaged in a private act

without consent. Punishment: 1 to 3 years for a first offence; 3 to 7 years for a subsequent offence; and fine.

Section 78 — Stalking Corresponds to Section 354D IPC. Covers following, contacting, or monitoring a woman repeatedly — including online monitoring through social media, email, or electronic communication — against her expressed wishes. Punishment: Up to 3 years for a first offence; up to 5 years for a subsequent offence; and fine.

Section 79 — Word, Gesture, or Act Intended to Insult Modesty Corresponds to Section 509 IPC. Punishment: Simple imprisonment up to 3 years and fine.

Sub-Category 3: Offences Relating to Marriage (Sections 80–87)

Section 80 — Dowry Death Corresponds to Section 304B IPC. Where a woman's death is caused by burns, bodily injury, or abnormal circumstances within 7 years of marriage and it is shown that she was subjected to cruelty or harassment in connection with dowry demands, such death is deemed "dowry death" and the husband or relative is deemed to have caused it. Punishment: Minimum 7 years, extendable to life imprisonment.

Section 81 — Cohabitation Caused by Deceitfully Inducing Belief of Lawful Marriage A man who deceitfully causes a woman to believe she is lawfully married to him and thereby induces her to cohabit or have sexual intercourse is guilty of an offence. Punishment: Up to 10 years imprisonment and fine.

Section 82 — Bigamy Corresponds to Section 494 IPC. Marrying again during the lifetime of a spouse while the first marriage subsists. Punishment: Up to 7 years imprisonment and fine.

Section 83 — Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage Corresponds to Section 496 IPC. Punishment: Up to 7 years imprisonment and fine.

Section 84 — Enticing or Detaining a Married Woman Corresponds to Section 498 IPC. Covers enticing, taking away, or detaining a married woman with criminal intent. Punishment: Up to 2 years imprisonment and fine.

Section 85 — Husband or Relative of Husband Subjecting Woman to Cruelty Corresponds to Section 498A IPC. Covers the full range of cruelty — physical, mental, and dowry-related harassment — by the husband or his relatives. Punishment: Up to 3 years imprisonment and fine. Note on structure: Under the BNS, the substantive offence is in Section 85 (the penal provision) while the definition of "cruelty" is placed in the immediately following provision.

Section 86 — "Cruelty" Defined Section 86 defines cruelty for the purposes of Section 85 as: (a) any wilful conduct likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb, or health (mental or physical); or (b) harassment to coerce her or any person related to her to meet any unlawful demand for property or valuable security, or harassment on account of failure to meet such demand.

Section 87 — Kidnapping, Abducting, or Inducing a Woman to Compel Marriage Corresponds to Section 366 IPC. Covers kidnapping or abducting a woman to compel her to marry against her will, or to force her into illicit intercourse. Punishment: Up to 10 years imprisonment and fine.

4. Accurate IPC–BNS Section Mapping for Crimes Against Women

|Offence|IPC|BNS| |---|---|---| |Definition of rape|Section 375|Section 63| |Punishment for rape|Section 376|Section 64| |Rape — specific cases (minors
under 16 / 12)|Section 376AB|Section 65| |Rape causing death / vegetative
state|Section 376A|Section 66| |Sexual intercourse by husband
during separation|Section 376B|Section 67| |Sexual intercourse by person in
authority|Section 376C|Section 68| |Sexual intercourse by deceitful
means|Judicial interpretation
only|Section 69 (new)| |Gang rape|Section 376D / 376DA /
376DB|
Section 70| |Repeat offenders|Section 376E|Section 71| |Identity disclosure of victim|Section 228A|Section 72| |Court proceedings publication|Section 228A|Section 73| |Outraging modesty|Section 354|Section 74| |Sexual harassment|Section 354A|Section 75| |Assault to disrobe|Section 354B|Section 76| |Voyeurism|Section 354C|Section 77| |Stalking|Section 354D|Section 78| |Insulting modesty|Section 509|Section 79| |Dowry death|Section 304B|Section 80| |Bigamy|Section 494|Section 82| |Fraudulent marriage ceremony|Section 496|Section 83| |Cruelty by husband or relatives|Section 498A|Section 85 (offence) + Section
86 (definition)| |Kidnapping to compel marriage|Section 366|Section 87|

5. Procedural Protections for Women Under the BNSS, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the CrPC from 1 July 2024, introduces several procedural protections specifically designed to protect the dignity and rights of women who are victims of crime.

Zero FIR: A woman victim may file an FIR at any police station in India, regardless of the territorial jurisdiction of the offence. The FIR must be registered immediately and transferred to the jurisdictionally competent police station. No police officer can refuse to register an

FIR. This builds upon the Hon'ble Supreme Court's direction in Lalita Kumari v. Govt. of UP (2014) mandating registration of FIRs in cognisable offences.

Statement before a woman Magistrate or officer: The statement of a rape or sexual assault victim must preferably be recorded before a woman Magistrate. Where no woman Magistrate is available, the statement may be recorded before a Magistrate with a woman in attendance.

Mandatory video recording: The statement and medical examination of a victim of rape or sexual offence must be video-recorded.

Medical examination: The medical examination of a rape victim must be conducted promptly and sensitively by a registered medical practitioner — if a woman medical practitioner is available, the examination must be conducted by her.

Time-bound investigation and trial: The BNSS mandates time limits for the completion of investigation and trial in sexual offence cases. Investigation must be completed within 2 months of recording information for rape and POCSO cases.

No adverse inference from delay in filing complaint: Courts cannot draw adverse inferences against a rape victim merely because she delayed reporting the offence. This principle, established by case law under the IPC, is continued under the BNSS framework.

Anticipatory bail restrictions: Under Section 482 BNSS, anticipatory bail is not available for: gang rape of a woman under 18 years of age (Section 70(2) BNS); rape of a woman under 16 years (Section 65(1) BNS); and rape of a woman under 12 years (Section 65(2) BNS).

6. Other Key Legislation Protecting Women

The Protection of Women from Domestic Violence Act, 2005 (DV Act) The DV Act provides civil remedies — protection orders, residence orders, monetary relief, and custody orders — for women subjected to domestic violence, which is defined broadly to include physical, sexual, verbal, emotional, and economic abuse. The DV Act applies to women in marriages, live-in relationships, and family relationships. A Domestic Incident Report (DIR) can be filed before a Protection Officer or directly before a Magistrate, making the DV Act a faster alternative to criminal proceedings in many situations.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) Enacted on the basis of the Vishaka guidelines issued by the Hon'ble Supreme Court in 1997, the POSH Act mandates the establishment of Internal Complaints Committees (ICC) in all workplaces with 10 or more employees and Local Complaints Committees (LCC) for smaller workplaces and domestic workers. The Act covers sexual harassment at the workplace broadly, including acts occurring in connection with employment outside the formal workplace.

The Dowry Prohibition Act, 1961 Prohibits the giving and taking of dowry. Violations attract imprisonment of up to 5 years and fine. The definition of "dowry" under this Act is also incorporated into the BNS (Section 80 dowry death) and DV Act.

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) Provides a comprehensive framework for the protection of children (persons under 18 years of age) from sexual assault, sexual harassment, and pornography. POCSO offences are tried by specially designated courts and carry mandatory minimum sentences. All POCSO offences are genderneutral — they protect both boys and girls. Marital rape of a minor wife is rape under Section 375 IPC / Section 63 BNS read with the Hon'ble Supreme Court's ruling in Independent Thought v. Union of India (2017).

7. Landmark Judgments on Crimes Against Women

Constitutional Foundations and Workplace Safety

Vishaka v. State of Rajasthan [(1997) 6 SCC 241] The Hon'ble Supreme Court issued binding guidelines on sexual harassment of women at the workplace, filling a legislative vacuum that Parliament had failed to address. These guidelines — now commonly called the "Vishaka guidelines" — defined sexual harassment broadly and required every employer and institution to establish an internal complaints mechanism. They had the force of law until replaced by the POSH Act 2013. This judgment was the first instance of the Hon'ble Supreme Court using its writ jurisdiction under Article 32 to create substantive law on gender-based violence.

Rape — Evidence, Trial Procedure, and Sentencing

State of Punjab v. Gurmit Singh [(1996) 2 SCC 384] The Hon'ble Supreme Court directed courts to adopt a sensitive approach in rape trials. A rape victim's sole testimony, if found credible, is sufficient for conviction — corroboration is not an absolute requirement. Courts must not subject rape victims to harsh cross-examination regarding their character or past sexual history. This judgment laid the foundation for victim-sensitive trial procedures.

State of Maharashtra v. Chandraprakash Kewalchand Jain [(1990) 2 SCC 550] Established that the "two-finger test" (also called the virginity test) in rape cases is medically unreliable and legally irrelevant. The previous sexual history of the victim is irrelevant to the determination of consent. These principles were reinforced further in later decisions.

Lillu v. State of Haryana [(2013) 14 SCC 643] The Hon'ble Supreme Court definitively declared the two-finger test unconstitutional as violating a rape victim's dignity under Article 21. Any medical procedure or examination that violates the dignity of a victim is impermissible. This position is now also supported by the BNSS provisions on medical examination.

Mukesh v. State of NCT of Delhi (the Nirbhaya Case) [(2017) 6 SCC 1] The Hon'ble Supreme Court upheld the death penalty for all surviving convicts in the December 2012 Delhi gang rape case. The Court applied the "rarest of rare" doctrine and found that the brutal, premeditated nature of the offence and the absence of any mitigating circumstances justified the death penalty. All four surviving convicts were executed on 20 March 2020, following dismissal of their mercy petitions.

Sexual Harassment and Bail Conditions

Aparna Bhat v. State of Madhya Pradesh [(2021) 5 SCC 241] One of the most significant recent judgments on judicial conduct in sexual offence matters. The Hon'ble Supreme Court held that bail conditions in sexual assault cases must not impose obligations on the accused to perform acts that reinforce patriarchal notions or demean the victim — for example, asking the accused to tie a rakhi to the victim, or to seek her forgiveness, or to bring about a "compromise." Courts cannot impose such conditions as they trivialise the offence and undermine the victim's dignity. The Hon'ble Supreme Court also issued guidelines on appropriate bail conditions in sexual offence cases.

Matrimonial Offences and Dowry

Pawan Kumar v. State of Haryana [(1998) 3 SCC 309] The Hon'ble Supreme Court addressed the continuing nature of cruelty under Section 498A IPC and held that the prosecution need not prove continuous cruelty — any single act of cruelty sufficient to drive a woman to suicide or cause serious harm to her physical or mental health satisfies the section. The accused's intention is to be inferred from the nature of the act.

Sushil Kumar Sharma v. Union of India [(2005) 6 SCC 281] The Hon'ble Supreme Court, while declining to strike down Section 498A IPC, acknowledged that the provision was sometimes being misused and issued guidelines to minimise arrest in cases where the allegations appeared weak or the complaint was filed in the context of matrimonial disputes. The Court reiterated that the safeguards for the accused must be maintained even in sensitive cases.

Arnesh Kumar v. State of Bihar [(2014) 8 SCC 273] Directed police not to mechanically arrest accused persons in Section 498A IPC (and other similar) cases. Officers must apply their mind to the necessity of arrest and record their satisfaction. This judgment, while not limited to matrimonial cases, has had its greatest practical impact in Section 498A / Section 85 BNS litigation.

Marital Status and Domestic Violence

Indra Sarma v. V.K.V. Sarma [(2013) 15 SCC 755] The Hon'ble Supreme Court held that a woman in a live-in relationship that resembles a marriage can claim the protection of the Domestic Violence Act. The Court laid down guidelines for determining when a live-in relationship would be entitled to the status of a "relationship in the nature of marriage" for the purposes of the DV Act.

Hiral P. Harsora v. Kusum Narottamdas Harsora [(2016) 10 SCC 165] The Hon'ble Supreme Court struck down the restriction in the DV Act that limited the category of "respondents" to adult males. Women, and female relatives of the husband, can also be "respondents" against whom protection orders may be sought under the DV Act. This significantly expanded the practical scope of the Act.

Honour Crimes and Autonomy

Shakti Vahini v. Union of India [(2018) 7 SCC 192] The Hon'ble Supreme Court declared honour killings a gross violation of human rights and a crime against the constitutional order. The Court issued detailed guidelines for the protection of couples who marry by choice — including inter-caste and inter-religion marriages — from violence or coercion by family members. States were directed to set up Special Cells for the protection of such couples.

Lata Singh v. State of U.P. [(2006) 5 SCC 475] The Hon'ble Supreme Court held that two adults have the right to marry any person of their choice and that families and society have no right to interfere with that choice, let alone resort to violence. Law enforcement was directed to provide protection to couples exercising their right to choose their partner.

Marital Rape of Minors

Independent Thought v. Union of India [(2017) 10 SCC 800] The Hon'ble Supreme Court held that Exception 2 to Section 375 IPC — to the extent it permitted marital rape of a wife between 15 and 18 years of age — was unconstitutional. Sexual intercourse between a man and his wife who is between 15 and 18 years of age is rape under Section 375 IPC. Under the BNS, Exception 2 to Section 63 applies only where the wife is above 18 years of age, incorporating this ruling.

Privacy, Dignity, and Constitutional Rights

Justice K.S. Puttaswamy v. Union of India [(2017) 10 SCC 1] The Hon'ble Supreme Court unanimously recognised the right to privacy as a fundamental right under Article 21. The judgment expressly recognised bodily autonomy — including the right to make decisions about one's own body, sexuality, and intimate relationships — as a component of the right to privacy. This decision has far-reaching implications for all gender-based crimes and for the challenge to the marital rape exception.

Joseph Shine v. Union of India [(2018) 2 SCC 189] A five-judge Constitution Bench struck down Section 497 IPC (the adultery provision) as unconstitutional. The Court held that Section 497, which made only the male party to an extramarital relationship criminally liable while treating a married woman as her husband's property incapable of giving consent, was arbitrary and discriminated against women contrary to Articles 14, 15, and 21.

Judicial Conduct and Sentencing

Nimeshbhai Bharatbhai Desai v. State of Gujarat (2018) The Gujarat High Court, and subsequently endorsed by the Hon'ble Supreme Court, prohibited courts from passing orders in rape cases that encourage or direct mediation or settlement between the accused and the victim. Rape and sexual offences against women are not suitable for mediation — unlike matrimonial disputes — because the wrong is to the individual and to society and cannot be compounded.

Recent Developments (2024–2026)

Hrikesh Sahoo v. State of Karnataka (pending before Hon'ble Supreme Court — 2024–2026) The constitutional challenge to Exception 2 to Section 375 IPC (now Exception 2 to Section 63 BNS) — the marital rape exception — is pending before a three-judge Bench of the Hon'ble Supreme Court. Hearings that began in 2024 under the then Chief Justice were adjourned following the Chief Justice's retirement, and the matter has been re-listed before a new Bench. The Union Government's October 2024 affidavit opposing the removal of the exception has made this one of the most closely watched constitutional cases of the decade.

Post-2017 application of Independent Thought (2025 High Court rulings) Several High Courts in 2025 continued to apply the Independent Thought ruling, confirming that post-2017, sexual intercourse with a minor wife — regardless of her purported consent — constitutes statutory rape. Courts have also clarified that the ruling applies prospectively to offences committed after 11 October 2017, while pre-2017 acts by husbands with minor wives aged 15–18 must be judged under the law as it stood at the time.

POCSO — "Rarest of Rare" and sentencing (2025) In 2025, a High Court upheld conviction for rape and attempted murder of a four-year-old girl under POCSO, but declined to confirm the death sentence, holding that the case did not meet the "rarest of rare" threshold necessary for imposing capital punishment. The Hon'ble Supreme Court, in multiple POCSO decisions in 2025, also reaffirmed that where the guilt of the accused is established beyond reasonable doubt in serious offences, courts cannot exercise their discretion to acquit merely because parties have arrived at a settlement — even if victims or their families come forward to settle, High Courts cannot cancel prosecution in serious offences like rape and murder.

POCSO — Father convicted for life (2025) The Hon'ble Supreme Court upheld the father's life sentence for conviction under Section 6 of the POCSO Act, observing that there is "no mitigation for crimes that subvert the notion of family as a space of security." The Court confirmed that sexual abuse within the family by persons in a position of trust and authority warrants the highest level of punishment.

8. Key Challenges in Enforcement

Despite the substantial legislative framework now in place, the gap between law and reality in cases of crimes against women remains significant. The following challenges persist:

Under-reporting: A significant proportion of crimes against women — particularly domestic violence, marital rape, and workplace sexual harassment — remain unreported. Social stigma, fear of family pressure, lack of awareness of legal rights, and distrust of the criminal justice system all contribute to under-reporting.

Delayed investigation and trial: Despite BNSS provisions mandating time-bound investigation and trial, delays persist in practice. Fast-Track Special Courts (FTSCs) for rape and POCSO cases have significantly improved trial timelines in some jurisdictions, but the backlog remains substantial.

Secondary victimisation: Victims of sexual offences frequently face hostile questioning during investigation and trial that violates their dignity and re-traumatises them. Despite judicial directions in Aparna Bhat (2021) and earlier cases, courts and advocates do not always comply with sensitivity guidelines.

Misuse concerns: Section 498A IPC / Section 85 BNS has been the subject of sustained judicial concern about its potential for misuse in the context of matrimonial disputes. Courts have responded through guidelines in Arnesh Kumar (2014) and subsequent decisions, striking a balance between protecting women from genuine cruelty and protecting accused persons from misuse of the provision as a weapon in matrimonial warfare.

Digital crimes: Online stalking, sexual harassment through social media and messaging platforms, non-consensual circulation of intimate images (sometimes called "revenge porn"), and digital surveillance of women are rapidly growing categories of crime. The existing provisions under the IT Act and the BNS (Sections 75, 77, 78) provide some coverage, but comprehensive digital crime legislation focused on gender-based online violence remains a legislative priority.

9. Conclusion

India's legal framework for the protection of women from crime has undergone a fundamental transformation — from the limited and insufficiently detailed provisions of the original IPC, through the watershed amendments of 2013, to the comprehensive and modernised framework of the BNS and BNSS in 2024. The BNS introduces a new offence of sexual intercourse by deceitful means (Section 69), raises the age-based aggravation thresholds for rape, makes certain offences gender-neutral, and structures the law relating to marital cruelty more clearly across Sections 85 and 86.

Landmark judgments from Vishaka (1997) to Independent Thought (2017), Joseph Shine (2018), Aparna Bhat (2021), and the pending marital rape exception challenge before the Hon'ble Supreme Court, reflect a constitutional court that has consistently pushed the law toward greater protection of women's dignity, autonomy, and equality.

For any person affected by or accused of a crime against women — whether as a victim, a family member, or an accused — the importance of prompt, informed, and sensitive legal advice cannot be overstated. The legal framework is powerful and comprehensive; navigating it effectively requires an experienced advocate.

Frequently Asked Questions

What law applies to an offence against a woman committed before 1 July 2024?

For offences committed before 1 July 2024, the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 continue to apply. The BNS and BNSS apply only to offences committed on or after 1 July 2024.

What is the punishment for rape under the BNS?

Under Section 64 BNS, the minimum punishment for rape is 10 years rigorous imprisonment, extendable to life imprisonment. Aggravated forms attract 20 years to life imprisonment or death (rape of a minor under 12 years; rape causing death or vegetative state — Sections 65 and 66). Gang rape of a woman under 18 carries life imprisonment (natural life) under Section 70(2) BNS.

What is the new offence of sexual intercourse by deceitful means under Section 69 BNS?

Section 69 BNS is a new provision that criminalises sexual intercourse obtained through deceit — including false promises of marriage (without intention to fulfil), false promises of

employment or promotion, and false identity. It does not constitute rape under Section 63 but is separately punishable with up to 10 years imprisonment and fine.

Is marital rape a criminal offence in India?

Currently, marital rape of an adult wife (above 18 years of age) cohabiting with her husband is not a criminal offence under the IPC or the BNS, by virtue of Exception 2 to Sections 375 IPC and 63 BNS respectively. However, the constitutional validity of this exception is currently under challenge before the Hon'ble Supreme Court. Marital rape of a minor wife (below 18) was declared rape by the Hon'ble Supreme Court in Independent Thought (2017) and remains a criminal offence. Sexual intercourse with a wife living separately is also a criminal offence under Section 67 BNS / Section 376B IPC.

What is the difference between Sections 85 and 86 BNS?

Section 85 BNS is the substantive penal provision corresponding to Section 498A IPC — it creates the offence of cruelty by a husband or relative of husband and prescribes punishment of up to 3 years imprisonment and fine. Section 86 BNS defines "cruelty" for the purposes of Section 85 — covering wilful conduct likely to drive the woman to suicide or cause injury, and harassment to coerce the woman or her family to meet unlawful demands.

What is dowry death under the BNS?

Section 80 BNS (corresponding to Section 304B IPC) defines "dowry death" as the death of a woman caused by burns, bodily injury, or abnormal circumstances within 7 years of marriage, where it is shown that she was subjected to cruelty or harassment in connection with dowry demands. The husband or relative is deemed to have caused the death. Punishment: 7 years to life imprisonment.

Can a Zero FIR be filed for crimes against women?

Yes. Under the BNSS, a Zero FIR can be lodged at any police station in India regardless of where the offence occurred. It must be registered immediately and transferred to the jurisdictionally competent police station. No police officer can refuse to register an FIR in a cognisable offence, including all major crimes against women.

Can a woman in a live-in relationship claim protection under the Domestic Violence Act?

Yes. The Hon'ble Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) held that a woman in a livein relationship "in the nature of marriage" can claim protection under the DV Act. Whether a live-in relationship qualifies depends on factors such as duration, shared household, domestic arrangements, and the nature of the commitment. Women in such relationships may seek protection orders, residence orders, and monetary relief under the DV Act.

What is the marital rape exception under the BNS, and is it being challenged?

Exception 2 to Section 63 BNS retains the position that sexual intercourse by a man with his adult wife (above 18 years) with whom he is cohabiting is not rape. This exception is currently under constitutional challenge before the Hon'ble Supreme Court in Hrikesh Sahoo v. State

of Karnataka, with hearings ongoing as of 2025–2026. The outcome of this case will determine whether the marital rape exception survives in Indian law.

This article reflects the law as in force following the commencement of the BNS and BNSS on 1 July 2024, and incorporates judicial developments up to June 2026. It is intended for general informational and educational purposes only and does not constitute legal advice. For advice on your specific situation, please consult a qualified advocate