20 Years for Gang Rape, Death for Rape of Minor: How BNS 2023 Compares to IPC

The IPC is to be replaced by 'Bharatiya Nyaya Sanhita', while the CrPC will be 'Bharatiya Nagarik Suraksha Sanhita'.

Union Home Minister Amit Shah on Friday, 11 August, introduced three new bills to overhaul the Indian criminal laws, proposing a slew of changes to the punishment for crimes against women and children.

(Illustration: Arnica Kala/The Quint)

Union Home Minister Amit Shah on Friday, 11 August, introduced three new bills to overhaul the Indian criminal laws, proposing punishment for crimes against women and children.

The Indian Penal Code is to be replaced by the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) is to replace the Code of Criminal Procedure, and the Bharatiya Sakshya (BS) will be in place of the Indian Evidence Act. The bills have been referred to a Standing Committee for review.

Here are some key highlights:

Minimum of 20 Years for Gang Rape

According to the proposed BNSS, a person convicted of gang rape will get a minimum of 20 years in prison, with the maximum punishment being life imprisonment.

"Rigorous imprisonment for not less than 20 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," the bill reads.

What does the IPC say: Section 376(d) of the IPC, which deals with gang-rape, calls for rigorous imprisonment for 20 years to life imprisonment.

Imprisonment for False Promise To Marry

"Whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling the same, and 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," the proposed BNS lists.

What does the IPC say: There is no specific provision in the IPC that talks about sexual intercourse on the pretext of a false promise of marriage. However, it is considered ‘misconception of fact’ within the meaning of Section 90 of IPC[1]. To break it down, this means that the consent obtained on the false promise is not considered valid consent and treats such cases as rape cases under Section 375. Under this, imprisonment may not be less than ten years, but which may extend to imprisonment for life.

Death Sentence for Gang-Rape of Minor

While tabling the bills in Parliament, Amit Shah said that the government now proposes "death penalty for rape of a minor."

"Where a woman under eighteen years of age 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 20 imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death," the bill stated.

What does the IPC say: According to the The Criminal Law (Amendment) Ordinance, 2018, gang-rape of girls below the age of 12 years will carry minimum imprisonment of twenty years and is extendable to life imprisonment or death. And, rape of girls below the age of 16 years is punishable with imprisonment of twenty years or life imprisonment.