TL;DR
The Bharatiya Nyaya Sanhita (BNS) consolidates all offences against women into a dedicated Chapter V — "Of Offences Against Woman and Children" — a structural reorganization that the IPC lacked. While the substantive provisions for cruelty by husband (Section 498A IPC / Section 85 BNS) and dowry death (Section 304B IPC / Section 86 BNS) remain largely unchanged in text and punishment, the BNS modernizes language, explicitly addresses digital and cyber harassment, and strengthens protections for acid attack victims. The most notable changes are structural rather than substantive — grouping all women-related offences together signals legislative priority.
Overview of Changes
| Old Section (IPC) | Provision | New Section (BNS) | Change Type | Brief Note |
|---|---|---|---|---|
| Section 498A | Cruelty by husband or relatives | Section 85 | Retained | Punishment unchanged: up to 3 years and fine |
| Section 304B | Dowry death | Section 86 | Retained | Minimum 7 years, may extend to life |
| Section 354 | Assault to outrage modesty | Section 74 | Retained | 1-5 years imprisonment |
| Section 354A | Sexual harassment | Section 75 | Retained | Up to 3 years imprisonment |
| Section 354B | Assault with intent to disrobe | Section 76 | Retained | 3-7 years imprisonment |
| Section 354C | Voyeurism | Section 77 | Enhanced | Digital voyeurism explicitly covered |
| Section 354D | Stalking | Section 78 | Enhanced | Cyberstalking explicitly covered |
| Section 326A | Acid attack | Section 124 | Retained | Minimum 10 years, may extend to life |
| Section 326B | Attempt to throw acid | Section 125 | Retained | 5-7 years imprisonment |
| Section 370 | Trafficking of persons | Section 143 | Modified | Enhanced provisions, broader definition |
| Section 509 | Word, gesture, act to insult modesty | Section 79 | Retained | Up to 3 years imprisonment |
| — | Hiring, employing child for sexual exploitation | Section 99 | New | Punishes those who employ minors for sexual purposes |
Detailed Comparison
Cruelty by Husband or Relatives (Section 498A IPC vs Section 85 BNS)
What the old law said: Section 498A IPC criminalized cruelty by a husband or his relatives toward a married woman. "Cruelty" was defined to include conduct likely to drive the woman to commit suicide or cause grave injury, and harassment in connection with any demand for property or valuable security (dowry).
What the new law says: Section 85 BNS reproduces this provision with updated language. The definition of cruelty and the punishment structure — imprisonment up to 3 years and fine — remain identical.
What specifically changed: No substantive change. The provision has been carried forward with linguistic modernization. Some commentators suggest the BNS language is marginally broader in recognizing psychological and emotional abuse, though the text does not explicitly add new categories.
Practical impact: For practitioners handling domestic cruelty matters, the transition is purely numerical. The extensive body of Supreme Court and High Court jurisprudence on Section 498A — including guidelines from Arnesh Kumar v. State of Bihar (2014) on arrest procedures — continues to apply to Section 85 BNS proceedings.
Dowry Death (Section 304B IPC vs Section 86 BNS)
What the old law said: Section 304B IPC provided that where a woman's death occurs within 7 years of marriage, caused by burns or bodily injury, or occurs otherwise than under normal circumstances, and it is shown that she was subjected to cruelty or harassment by her husband or his relatives in connection with dowry demands, the death constitutes dowry death. Punishment: minimum 7 years RI, extendable to life imprisonment.
What the new law says: Section 86 BNS retains the identical framework — the 7-year window, the nexus requirement between death and dowry demand, the evidentiary presumption under Section 113-B of the Evidence Act (now Section 118 BSA), and the punishment structure.
What specifically changed: No substantive change. The provision is a direct reproduction with updated cross-references to BSA instead of the Evidence Act for the presumption of dowry death. See our detailed comparison of Section 304B IPC vs Section 86 BNS for the section-level analysis.
Practical impact: The substantive and evidentiary framework remains identical. Practitioners should update citations and cross-references in charge sheets and complaints.
Acid Attack (Section 326A/326B IPC vs Section 124/125 BNS)
What the old law said: Section 326A IPC, introduced after the 2013 Criminal Law Amendment following the Laxmi v. Union of India case, punished acid attacks causing permanent or partial damage with minimum 10 years imprisonment extendable to life, and fine. Section 326B punished attempts with 5-7 years imprisonment.
What the new law says: Sections 124 and 125 BNS retain the same punishment structure. The definition of "acid" and the scope of the offence remain unchanged.
What specifically changed: No substantive change in definition or punishment. The provision has been relocated to the dedicated chapter on offences against women, reflecting its categorization as a gender-specific crime.
Practical impact: Victims and prosecution teams should note the structural reorganization. The placement within the women-specific chapter may strengthen arguments about legislative intent in sentencing submissions.
Stalking and Voyeurism — Digital Expansion (Sections 354C/354D IPC vs Sections 77/78 BNS)
What the old law said: Section 354C IPC (voyeurism) punished watching or capturing images of a woman in private acts with 1-3 years on first conviction and 3-7 years on subsequent conviction. Section 354D IPC (stalking) punished following, contacting, or monitoring a woman's electronic communications with up to 3 years on first conviction and up to 5 years on subsequent conviction.
What the new law says: Sections 77 and 78 BNS retain the two-tier punishment structure but explicitly broaden definitions to cover:
- Digital voyeurism: Hidden cameras, surveillance apps, AI-assisted image manipulation
- Cyberstalking: Persistent electronic harassment through social media, messaging platforms, location tracking, and creation of fake profiles
What specifically changed: The explicit inclusion of digital and electronic means modernizes both provisions for the current technological landscape. The core punishment quantum remains unchanged, but the wider definitional scope brings more conduct within the ambit of these offences.
Practical impact: Prosecutors can now charge cyberstalking and digital voyeurism more directly under the BNS without relying solely on the Information Technology Act. Defence counsel should note the potential for dual charges under both BNS and IT Act provisions.
Trafficking of Persons (Section 370 IPC vs Section 143 BNS)
What the old law said: Section 370 IPC, introduced in 2013, provided a comprehensive framework for trafficking — covering recruitment, transportation, harboring, transfer, or receipt of persons through threats, force, coercion, abduction, fraud, deception, or abuse of power for exploitation.
What the new law says: Section 143 BNS retains the comprehensive anti-trafficking framework with enhanced provisions:
- The definition of "exploitation" has been broadened
- Penalties have been maintained at their stringent levels (minimum 7 years, extendable to 10 years for trafficking of minors; life imprisonment for trafficking of more than one minor)
- Specific provisions address organ trafficking and forced begging
What specifically changed: The definition of exploitation is broader, and the provision more explicitly addresses modern forms of trafficking including digital recruitment and online exploitation.
Practical impact: Prosecutors handling trafficking cases should review the expanded definition of exploitation to determine whether additional charges can be framed under the broadened provision.
Word, Gesture, or Act to Insult Modesty (Section 509 IPC vs Section 79 BNS)
What the old law said: Section 509 IPC punished any word, gesture, or act intended to insult the modesty of a woman — including uttering sounds, making gestures, or exhibiting objects — with up to 3 years imprisonment and fine.
What the new law says: Section 79 BNS reproduces this provision with the punishment enhanced to include both imprisonment and fine (previously "or" fine, now "and" fine in certain readings). The provision continues to cover verbal, gestural, and exhibitionist acts.
What specifically changed: The punishment language has been tightened. The core offence remains unchanged.
Practical impact: This remains a commonly invoked provision in street harassment and public space safety cases. Practitioners should update section citations.
New Provisions with No Old Equivalent
| Section | Provision | Details |
|---|---|---|
| Section 69 | Sexual intercourse by deceitful means | New offence covering false promise of marriage and deception for sexual access. Up to 10 years imprisonment. |
| Section 99 | Hiring, employing child for sexual exploitation | Specifically criminalizes employing or using a child for sexual exploitation. |
| Section 95(1)(b) | Cruelty to child by caretaker | Enhanced provisions for cruelty to children, including physical and emotional abuse. |
Abolished Provisions
No offence against women has been abolished in the transition from IPC to BNS. All provisions have been carried forward, with some receiving enhanced punishment or broader definitions.
Structural Change: The Dedicated Chapter
The single most significant organizational change is the creation of Chapter V of BNS — "Of Offences Against Woman and Children." Under the IPC, offences against women were scattered across multiple chapters:
- Cruelty and dowry death were in Chapter XX-A (Cruelty by Husband or Relatives)
- Sexual assault and harassment were in Chapter XVI (Offences Affecting Human Body)
- Modesty-related offences were in Chapter XXII (Criminal Intimidation, Insult and Annoyance)
The BNS consolidation makes the legislative framework more navigable and signals that offences against women are treated as a distinct policy priority.
Practical Checklist for Practitioners
- Update all complaint, FIR, and chargesheet templates to cite BNS section numbers
- Note that Section 498A is now Section 85 BNS — all pending matters should reference the new number for fresh filings
- For dowry death cases, verify that the evidentiary presumption is now under Section 118 BSA (formerly Section 113-B Evidence Act)
- In cyberstalking and digital voyeurism cases, consider dual charges under both BNS (Sections 77/78) and the Information Technology Act
- For acid attack cases, note the structural relocation to the women-specific chapter — use this in sentencing arguments
- Review the new Section 69 BNS (deceitful means) as an alternative charge in cases where consent was obtained through false promises
- Advise clients on the strengthened identity protection under Section 72 BNS for victims of sexual offences
- For trafficking matters, review the expanded definition of exploitation under Section 143 BNS
Recent judicial developments (post-July 2024)
The following cases from the Veritect Legal Intelligence database illustrate how courts are applying the offences-against-women framework under the new BNS:
Appellant v. State of Uttar Pradesh & Arjun (9 January 2026)
Court: Supreme Court of India | Bench: B.V. Nagarathna, R. Mahadevan | Result: Bail cancelled
The Supreme Court cancelled bail granted by the Allahabad High Court to an accused charged with gang rape of a minor. The case involved allegations of gang rape coupled with recording of the sexual assault and threats of circulation. The Court analysed the offences under BNS Section 65(1) (rape on a woman under eighteen years of age) and noted that the maximum punishment prescribed is imprisonment for life, meaning imprisonment for the remainder of the person's natural life. The Court found serious infirmities in the bail order, holding that the High Court failed to consider the nature and gravity of the offences, the vulnerability of the minor victim, and the risk of witness intimidation. The Court also referenced BNS and BNSS provisions as the controlling framework since the complaint was filed after 1 July 2024.
Significance: This is among the first Supreme Court decisions applying BNS sexual offence provisions (Section 65) post-July 2024. It confirms that courts will take an equally stringent approach to sexual offences against minors under the BNS framework, and that bail in such cases remains subject to the heightened scrutiny that existed under the IPC/CrPC regime.
Veritect reference: Diary_26489-2025_Judgment
M. Venkateswaran v. State (24 January 2025)
Court: Supreme Court of India | Bench: K.V. Viswanathan, S.V.N. Bhatti | Result: Partly allowed
The Supreme Court examined testimony establishing a clear pattern of dowry demands (100 sovereigns of gold and additional stridhan), refusal to attend the wedding reception, and sustained mental harassment. The Court held that the ingredients of Section 498A IPC (cruelty by husband and relatives) were fully satisfied. This case, while decided under IPC provisions for pre-July 2024 offences, confirms that the extensive judicial interpretation of "cruelty" under Section 498A continues to inform the application of the identically-worded Section 85 BNS.
Significance: Reinforces that the body of jurisprudence developed under Section 498A IPC — including what constitutes "cruelty" and the evidentiary standards for dowry harassment — transfers directly to Section 85 BNS without substantive change.
Veritect reference: Diary_30881-2022_Judgment
Emerging patterns
Based on available post-July 2024 court orders from the Veritect database:
- BNS sexual offence provisions are being applied: Courts have begun analysing sexual offences under BNS section numbers (Sections 63-70) for cases filed after 1 July 2024, while applying the same stringent standards as under the IPC.
- Section 498A jurisprudence carries over: The extensive case law on Section 498A IPC (cruelty) is being directly applied to Section 85 BNS cases without any substantive reinterpretation.
- Bail remains restrictive for serious offences: Courts continue to apply heightened scrutiny for bail in sexual offences against women and children under BNS, consistent with the pre-existing approach under the IPC.
- Marital rape exception remains untested under BNS: No post-July 2024 case has yet directly challenged Exception 2 to Section 63 BNS (marital rape exception for wives aged 18 and above) in the Veritect database.
Frequently Asked Questions
Has Section 498A been weakened or strengthened in BNS?
Section 498A has been carried forward as Section 85 BNS without substantive change. The punishment — imprisonment up to 3 years and fine — remains identical. The Supreme Court guidelines from Arnesh Kumar on arrest procedures continue to apply.
Are the punishments for dowry death different under BNS?
No. The punishment for dowry death remains minimum 7 years rigorous imprisonment, extendable to life imprisonment. The 7-year window from the date of marriage and the nexus requirement with dowry demands are unchanged.
Does BNS address online harassment against women more effectively?
Yes. The explicit inclusion of digital voyeurism in Section 77 and cyberstalking in Section 78 modernizes the legal framework. However, the punishment quantum has not been increased, which limits the deterrent effect.
Is the marital rape exception still in place under BNS?
Yes. Exception 2 to Section 63 BNS retains the marital rape exception for wives aged 18 and above. The only change is raising the exception's age threshold from 15 to 18, codifying the Supreme Court's 2017 ruling in Independent Thought v. Union of India. The broader question of criminalizing marital rape remains subject to pending constitutional challenges.
What is the new offence under Section 69 BNS?
Section 69 criminalizes sexual intercourse (not amounting to rape) obtained by deceitful means, including false promises of marriage, employment, or promotion. This is a new offence that fills a gap in the old law. Punishment is imprisonment up to 10 years and fine.