Offences Against Women — Old IPC vs New BNS Comparison

In India, the Bharatiya Nyaya Sanhita, 2023 (BNS) gathers offences against women into Chapter V, "Of Offences Against Woman and Child" (Sections 63–99). Cruelty (IPC 498A → BNS 85–86) and dowry death (304B → 80) are unchanged. But the marital-rape exception's age rises to eighteen, Section 69 is new, and harassment, disrobing and voyeurism become sessions-triable.

At a glance

Classification is from the BNSS First Schedule (C = cognizable, NC = non-cognizable, B = bailable, NB = non-bailable, CoS = Court of Session, MFC = Magistrate of the first class). "Life*" means imprisonment for the remainder of the person's natural life.

The new structure: one chapter, five sub-headings

Chapter V is arranged under five sub-headings in the Gazette text: "Of sexual offences" (Sections 63–73), "Of criminal force and assault against woman" (74–79), "Of offences relating to marriage" (80–87), "Of causing miscarriage, etc." (88–92) and "Of offences against child" (93–99). Under the IPC, the same offences sat in Chapter XI (228A), Chapter XVI (Sections 304B, 354–354D, 366, 375–376E), Chapter XX (493–498), Chapter XXA (498A) and Chapter XXII (509).

Acid attack (Section 124, under "Of hurt") and trafficking (Sections 143–144, under "Of kidnapping, abduction, slavery and forced labour") sit outside Chapter V, in Chapter VI ("Of Offences Affecting the Human Body"), and are worded for any "person".

Sexual offences (Sections 63–73)

Headline changes only; the sexual offences guide and Section 375–376 page go deeper.

• Exception 2 to Section 63 — Modified. Extract, Section 375 IPC: "the wife not being under fifteen years of age, is not rape." Extract, Section 63 BNS: "the wife not being under eighteen years of age, is not rape." The seven circumstances are now numbered (i)–(vii) instead of "First" to "Seventhly"; the words are otherwise the same.
• Section 64 — Minor edit. Clause (i) of Section 376(2) IPC stood omitted (Act 22 of 2018); Section 64(2) letters the aggravated cases (a) to (m) without the gap. Punishments are unchanged.
• Section 70(2) — Modified. Gang rape of a woman "under sixteen" (376DA: life* and fine) and "under twelve" (376DB: life* and fine, or death) merge into one offence for a woman "under eighteen", punishable with life* and fine, "or with death". On the text, death is now available for gang rape of a girl aged 12 to 17. Under the IPC, gang rape of a 16- or 17-year-old fell under Section 376D (20 years to life*).
• Section 67 — classification modified. The text repeats Section 376B. The BNSS First Schedule now marks it "Cognizable (only on the complaint of the victim)". Section 221 BNSS bars cognizance where the persons are in a marital relationship "except upon prima facie satisfaction of the facts … upon a complaint having been filed or made by the wife against the husband".
• Section 69 — New. "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" gets up to ten years and fine. The Explanation says "deceitful means" includes "inducement for, or false promise of employment or promotion, or marrying by suppressing identity". See false promise of marriage.
• Section 72 — Expanded. Identity protection now extends to victims of Sections 64 to 71, including the new Section 69. "Minor" in Section 228A(2)(c) becomes "child".
• Investigation deadline. Section 193(2) BNSS requires investigation of offences under BNS Sections 64, 65, 66, 67, 68, 70 and 71 to be completed within two months of the information being recorded. Section 69 is not in that list.

Criminal force and assault against woman (Sections 74–79)

Who can commit these offences. Sections 74, 76, 77 and 79 open with "Whoever". Sections 75 ("A man committing…") and 78 ("Any man who…") still name a male offender. The IPC counterparts of Sections 76 and 77 — Sections 354B and 354C — began "Any man who". So those two are the textual changes. Section 2(10) BNS provides that "he" and its derivatives are used "of any person, whether male, female or transgender". On a reading, a woman can now commit voyeurism or assault with intent to disrobe. The victim in every section is still "a woman".

Classification is the bigger change. Comparing the two First Schedules:

• Section 354A (sexual harassment) was cognizable, bailable, triable by any Magistrate. Section 75 is cognizable, non-bailable, triable by the Court of Session — for both the clause (i)–(iii) and clause (iv) forms.
• Section 354B (disrobing) moves from any Magistrate to the Court of Session (Section 76).
• Section 354C (voyeurism) moves from any Magistrate to the Court of Session (Section 77). The first conviction stays bailable and a second or subsequent conviction non-bailable.
• Sections 354/74, 354D/78 and 509/79 keep their classification.

Other wording. Section 78(1)(ii) reads "internet, e-mail" where the IPC text of Section 354D read "internet, email". Section 79 reads "exhibits any object in any form", adding "in any form" to Section 509. Punishments are unchanged: see the Section 354A–D page and Section 354 page.

Offences relating to marriage (Sections 80–87)

Dowry death — Section 80 (Identical). Section 80(1) repeats Section 304B(1) word for word, including the seven-year window and cruelty or harassment "soon before her death" in connection with "any demand for dowry". Section 80(2) prescribes not less than seven years, extendable to life. The presumption is now Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA): "the Court shall presume that such person had caused the dowry death." Where a woman dies within seven years of marriage in the circumstances listed in Section 194(3) BNSS, the police officer forwards the body, subject to State rules, to the Civil Surgeon or other qualified medical person. See Section 304B / BNS 80 and BSA presumptions on dowry.

Cruelty — Sections 85 and 86 (Minor edit). Section 85 repeats the offence part of Section 498A. The Explanation defining "cruelty" becomes Section 86, opening "For the purposes of section 85". Clause (a) covers wilful conduct likely to drive the woman to suicide or cause grave injury or danger to life, limb or health, "whether mental or physical". Clause (b) covers harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security. Under Section 220 BNSS, a Court takes cognizance only upon a police report, or upon a complaint by the woman, her parents, siblings, or her parents' siblings, or, with leave, another relative by blood, marriage or adoption. See Section 498A / BNS 85.

Other marriage offences.

• Sections 81 (493) and 83 (496) are identical in text. Section 83 is now non-bailable; Section 496 was bailable.
• Section 82 merges Sections 494 and 495 into sub-sections (1) and (2).
• Section 84 continues Section 498 but omits the words "from that man, or from any person having the care of her on behalf of that man". On a reading, the taking or enticing need no longer be from the husband or his custodian. Section 219(2) BNSS still provides that only the husband is deemed aggrieved for Section 84.
• Section 497 (adultery) has no counterpart.
• Section 87 continues Section 366, with "this Code" becoming "this Sanhita".

See bigamy, adultery and marriage offences.

Outside Chapter V: acid attack and trafficking

Acid attack — Section 124 (Expanded). Section 124(1) repeats Section 326A and adds a new limb: whoever "causes a person to be in a permanent vegetative state". Explanation 2 now says "permanent or partial damage or deformity or permanent vegetative state" need not be irreversible. The punishment is unchanged: ten years to life and fine, with the fine to meet medical expenses and paid to the victim. Section 124(2) repeats Section 326B (five to seven years and fine).

Trafficking — Sections 143 and 144 (Modified). Explanation 1 to Section 143 adds "beggary" to "exploitation". Sub-sections (4) to (6) say "child" where Section 370 said "minor". The punishments are unchanged. Section 143(7) (public servant or police officer involved "in the trafficking of any person") keeps life*. The BNSS First Schedule's description of that entry reads "trafficking of child", but the section governs. Section 144 raises the maxima of Section 370A: exploiting a trafficked child, five to ten years (was seven); exploiting a trafficked person, three to seven years (was five).

What this means in practice

• Complainants. Cruelty is cognizable on information by the woman or a relative, so an FIR can be registered. For Section 67, cognizance needs the wife's complaint (Section 221 BNSS); for Section 84, only the husband is aggrieved (Section 219(2)).
• Investigating officers. Diarise the two-month limit in Section 193(2) BNSS for Sections 64–68, 70 and 71. Cases under Sections 75–77 now go to the Court of Session, and Section 75 is non-bailable.
• Accused persons. Sections 76 and 77 now reach any person, and Section 83 is non-bailable. For conduct before 1 July 2024, the IPC section and CrPC classification still matter (see below).

Judgments that still matter

These Supreme Court judgments were read in full text. Each construes IPC words that the BNS repeats or responds to; applying them to the BNS is a reading of the text.

1. Independent Thought v. Union of India, [2017] 13 S.C.R. 821 (2017 INSC 1030) — 11 October 2017. Madan B. Lokur and Deepak Gupta JJ., in separate opinions reaching the same result. Lokur J. held that Exception 2 to Section 375 must "now be meaningfully read as" follows. The wording he gave is "Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape." (para 105). He made clear that the Court had "not at all dealt with the larger issue of marital rape of adult women" (para 106). Gupta J. also read Exception 2 down and said the judgment "will have prospective effect" (para 88). Why it matters: Exception 2 to Section 63 BNS uses the exact wording of para 105. The reservation in para 106 is why the constitutional question about adult wives remains open on the text.

2. Joseph Shine v. Union of India, [2018] 11 S.C.R. 765 (2018 INSC 898) — 27 September 2018. A five-judge bench. Every opinion held Section 497 IPC unconstitutional; the headnote records the holding "Per Court" as a violation of Articles 14, 15 and 21. Dipak Misra CJI (for himself and A.M. Khanwilkar J.) wrote that "Section 497 IPC is unconstitutional and adultery should not be treated as an offence" (para 56). Why it matters: the BNS contains no adultery offence. Section 84 (enticing a married woman) is a separate offence that the BNS keeps.

3. Arnesh Kumar v. State of Bihar, [2014] 8 S.C.R. 128 (2014 INSC 463) — 2 July 2014. Chandramauli Kr. Prasad and Pinaki Chandra Ghose JJ., judgment by Prasad J. In a Section 498A case, the Court said that "no arrest should be made only because the offence is non-bailable and cognizable and therefore, lawful for the police officers to do so" (para 8). It issued directions tied to Sections 41 and 41A CrPC: a checklist, reasons for arrest, and a notice of appearance within two weeks (para 14). It extended them to offences punishable with imprisonment up to seven years (para 15). Why it matters: Section 35(1)(b) BNSS repeats the arrest conditions of Section 41(1)(b) CrPC, and Section 35(3) provides the notice of appearance. On a reading, the directions bear on arrests under Section 85 BNS (maximum three years).

4. Satbir Singh v. State of Haryana, [2021] 7 S.C.R. 269 (2021 INSC 301) — 28 May 2021. N.V. Ramana CJI and Aniruddha Bose J., judgment by Ramana CJI. The Court held that by "soon before" the legislature "did not mean 'immediately before'" (para 14). It said "What is pivotal to the above determination, is the establishment of a 'proximate and live link' between the cruelty and the consequential death of the victim" (para 15). Once the ingredients are established, the presumption under Section 113B of the Evidence Act "mandatorily operates" (para 18). Why it matters: Section 80 BNS and Section 118 BSA repeat "soon before her death" and "shall presume". Judgments construing those words remain relevant on a reading of the text.

Which law applies to your case

The BNS came into force on 1 July 2024, except Section 106(2) (S.O. 850(E), 23 February 2024). Section 358(2) BNS saves the IPC's "previous operation" and provides that penalties incurred under it may be imposed "as if that Code had not been repealed". Article 20(1) bars conviction except for violation of "a law in force at the time of the commission of the Act", and "a penalty greater than that which might have been inflicted" under that law. On a reading of Article 20(1), the new death penalty in Section 70(2) for gang rape of a girl aged 12 to 17, the higher maxima in Section 144, and the new Section 69 offence cannot apply to conduct before 1 July 2024. On a reading of Section 531(2)(a) BNSS, investigations and trials pending on that date continue under the CrPC and its classification. See offence before 1 July 2024 — which law applies.

Frequently asked questions

Has Section 498A IPC changed in the BNS?

Not in substance. Section 85 BNS repeats the offence and punishment of Section 498A IPC — imprisonment which may extend to three years, and fine — and the Explanation defining cruelty is now a separate Section 86, with clauses (a) and (b) in the same words. The BNSS First Schedule keeps the same classification: cognizable if information is given by the woman or a relative (or a notified public servant), non-bailable, triable by a Magistrate of the first class.

Is the marital rape exception still in the BNS?

Yes, with a higher age. Exception 2 to Section 63 BNS says sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. Exception 2 to Section 375 IPC read fifteen years. The BNS wording matches the reading the Supreme Court gave Exception 2 in Independent Thought v. Union of India (2017), which expressly did not decide the wider question of marital rape of adult women.

Which offences against women are now tried by a Court of Session instead of a Magistrate?

Under the BNSS First Schedule, sexual harassment under Section 75, assault with intent to disrobe under Section 76 and voyeurism under Section 77 BNS are triable by the Court of Session. Their IPC counterparts, Sections 354A, 354B and 354C, were triable by any Magistrate under the CrPC First Schedule. Sexual harassment under Section 75 is also now non-bailable, where Section 354A was bailable.

Is dowry death punished differently under the BNS?

No. Section 80 BNS repeats Section 304B IPC word for word: death by burns or bodily injury or otherwise than under normal circumstances within seven years of marriage, with cruelty or harassment for dowry soon before death. Section 80(2) prescribes imprisonment of not less than seven years, extendable to imprisonment for life. The presumption of dowry death is now Section 118 of the Bharatiya Sakshya Adhiniyam, 2023.

Is adultery still an offence?

No. Section 497 IPC has no counterpart among the marriage offences in Sections 80 to 87 BNS. The Supreme Court had held Section 497 unconstitutional in Joseph Shine v. Union of India (2018). Section 84 BNS, enticing or taking away a married woman with intent that she may have illicit intercourse, continues Section 498 IPC and is a different offence.

Is stalking or voyeurism by a woman an offence under the BNS?

Voyeurism under Section 77 BNS now opens with the word whoever, where Section 354C IPC read any man, so on its words the offender may be any person; the victim is still a woman. Section 78 on stalking still begins any man who. Assault with intent to disrobe under Section 76 also changes from any man to whoever.

What is new in the BNS for acid attack and trafficking?

Section 124(1) BNS adds causing a person to be in a permanent vegetative state to the acid-attack offence formerly in Section 326A IPC, with the same punishment of ten years to life and fine. Section 143 BNS adds beggary to the forms of exploitation in the trafficking offence formerly in Section 370 IPC, and Section 144 raises the maximum for exploiting a trafficked child from seven to ten years. Both sit in Chapter VI of the BNS, not Chapter V.

Related

• Sexual offences: IPC vs BNS
• Section 498A IPC → Sections 85–86 BNS
• Section 304B IPC → Section 80 BNS
• Sections 354A–354D IPC → Sections 75–78 BNS
• False promise of marriage: BNS 69
• Offence before 1 July 2024 — which law applies
• Sections 359-369 IPC vs Sections 137-142 BNS — Kidnapping and Abduction
• Section 509 IPC vs Section 79 BNS — Word, Gesture or Act Intended to Insult the Modesty of a Woman
• Sections 326A and 326B IPC vs Section 124 BNS — Acid Attack
• Section 498 IPC vs Section 84 BNS — Enticing or Taking Away or Detaining with Criminal Intent a Married Woman
• Sections 370–370A IPC vs Sections 143–144 BNS — Trafficking of Persons

Sources

Statutes read (primary text):

• Bharatiya Nyaya Sanhita, 2023 (Gazette CG-DL-E-25122023-250883): Sections 2(3), 2(10), 2(35), 63–99, 124, 143, 144, 358.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette CG-DL-E-25122023-250884): Sections 35, 193(2), 194(3), 219–221, 531, and the First Schedule entries for BNS 63–92, 124, 143–144.
• Bharatiya Sakshya Adhiniyam, 2023 (Gazette CG-DL-E-25122023-250882): Sections 117–118.
• Indian Penal Code, 1860 (official text): Sections 228A, 304B, 326A, 326B, 354–354D, 366, 370, 370A, 375–376E, 493–498A, 509.
• Code of Criminal Procedure, 1973 (official text): Section 41 and the First Schedule entries for the IPC sections above.
• Constitution of India: Article 20(1).

Judgments read (Veritect judgment corpus, full text):

• Independent Thought v. Union of India, [2017] 13 S.C.R. 821 — 2017_13_821_920_EN.md
• Joseph Shine v. Union of India, [2018] 11 S.C.R. 765 — 2018_11_765_950_EN.md
• Arnesh Kumar v. State of Bihar, [2014] 8 S.C.R. 128 — 2014_8_128_143_EN.md
• Satbir Singh v. State of Haryana, [2021] 7 S.C.R. 269 — 2021_7_269_290_EN.md

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.