Abstract
This examination evaluates how effectively BNS 2023 implements criminal enforcement measures for sexual offences to prevent criminal actions as well as support victim justice. The analysis reviews amendments to laws as well as court interpretations and examines obstacles during implementation which demonstrate weaknesses in both gender-neutral approaches and victim assistance. The research looks at the results of the BNS by considering feedback from stakeholders and comparing its goals to past inequalities. Because it notes both stringent enforcement changes and procedural updates, the document suggests comprehensive systemic reforms to eradicate inherent discrimination.
Key Words: Bharatiya Nyaya Sanhita (BNS) 2023, Sexual Offences, Punishments, Gender Neutrality, Marital Rape, Victim Support, Judicial Interpretation, Criminal Law, Deterrence.
Introduction
Sexual violence is a widespread problem in India that has been going on for a long period of time. Sexual violence affects individuals across diverse population segments and age groups. The statistics on depression are alarming. The National Crime Records Bureau (NCRB) says there were over 31,677 reports of rape in 2021 alone, and a lot of them involved high-profile cases like the Nirbhaya gang rape in 2012, which has indicated that the government isn’t doing enough to stop sexual violence, which has made people angry and led to calls for reforms in the legal system. The Bharatiya Nyaya Sanhita (BNS) 2023 brings about a big change in India’s law. Its goal is to replace the Indian Penal Code (IPC), which was made during the colonial era. It has been criticised for having traditional or out-of-date definitions and not being enough to stop sexual violence. The BNS wants to bring the law up-to-date by making sexual offences more serious, defining the provisions more broadly and putting more emphasis on measures that help victims, but even with these big changes, law experts, activists, and policy makers are still very confused about how well the BNS works to stop crimes and to make sure that the victims get justice and the provisions follow constitutional principles of equality and dignity. This paper takes a social-legal look at the BNS’s way of punishing sexual offences by looking at legislative changes, judicial interpretations, challenges, and implementation. But with BNS, it also comes with the problems of gender equality, ways to help victims, and keeping backward rules, like the exception for marital rape. It also looks at whether the BNS achieves its stated goals or keeps unfair things from happening in the past by comparing different points of view and listening to what the people have to say.