{"id":5571,"date":"2025-08-31T19:59:52","date_gmt":"2025-08-31T14:29:52","guid":{"rendered":"https:\/\/lawjurist.com\/?p=5571"},"modified":"2025-08-31T20:01:38","modified_gmt":"2025-08-31T14:31:38","slug":"chapter-v-offences-against-women-and-children","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2025\/08\/31\/chapter-v-offences-against-women-and-children\/","title":{"rendered":"Chapter V – Offences Against Women and Children\u00a0"},"content":{"rendered":"\t\t
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Author: Rudrajeet Thakur\u00a0<\/strong><\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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  1. <\/b>INTRODUCTION\u00a0<\/b><\/li>\n<\/ol>\n

    Throughout the history of humankind, the two communities which have been the most\u00a0 vulnerable and have faced the most gruesome injustices are women and children. Especially in\u00a0 the Indian context, women have been the subject of cruelty for the most part. Though law\u00a0 recognises those basic human rights of women and children and has made laws to protect them\u00a0<\/span><\/p>\n

    in the modern period, cruelty and abuse to women and abandonment of female children were the \u201cnorm\u201d of the past, pre-modern societies. It is quite unfortunate that the justice system\u00a0 makes laws, imposes policies and guidelines after gruesome and brutal violence happens\u00a0 against women and causes uproar nationwide. From Mathura rape case to Nirbhaya, India has\u00a0 seen the constant oppression of women and children at the hands of men time after time. These\u00a0 most unfortunate cases of violence against women and children have led to the evolution of\u00a0 criminal laws, and now, it can be said that the Indian Criminal Justice System has robust\u00a0 legislation related to crimes against women and children. The Bhartiya Nyaya Sanhita, like its\u00a0 predecessor, the Indian Penal Code, recognises these offences against women and children in\u00a0 Chapter V (Sections 63 \u2013 99) of the Bhartiya Nyaya Sanhita 2023. In the following points, all\u00a0 of the offences listed in the statute and their remedies will be discussed thoroughly.\u00a0<\/span><\/p>\n

      \n
    1. <\/b>SEXUAL OFFENCES\u00a0<\/b><\/li>\n<\/ol>\n

      One of the most gruesome ways violence can be inflicted on women is through sexual\u00a0 offences. Sexual Offences are of a dynamic range which has been discussed under the BNS\u00a0 from Sections 63 \u2013 73 in Chapter V of the statute. These offences not only cause bodily injury\u00a0 to the women, but also cause long-term psychological effects on the women\u2019s minds and\u00a0 snatch away their modesty.<\/span><\/p>\n

      2.1 <\/b>Rape\u00a0<\/b><\/p>\n

      The Bhartiya Nyaya Sanhita defines the crime of rape in India under section 63 of the statute.\u00a0 The circumstances under which sexual contact may be considered rape are covered in this\u00a0 section, along with the associated penalties. According to this clause, someone commits “rape”\u00a0 if:\u00a0<\/span><\/p>\n

      \u2219 <\/span>penetrates a woman’s mouth, urethra, anus, or vagina to any degree with his penis, or\u00a0 forces her to do so with him or another individual.\u00a0<\/span><\/p>\n

      \u2219 <\/span>inserts, to a certain degree, any part of the body\u2014other than the penis\u2014into a woman’s\u00a0 urethra, anus, or vagina, or forces her to do so with him or another individual. <\/span>\u2219 <\/span>manipulates a woman’s body in any way to allow penetration into her anus, urethra,\u00a0 vagina, or any other portion of her body, or coerces her into doing so with him or\u00a0 another individual.\u00a0<\/span><\/p>\n

      \u2219 <\/span>puts his mouth on a woman’s vagina, anus, or urethra, or forces her to do so with him\u00a0 or another individual.\u00a0<\/span><\/p>\n

      The clause further elaborates on the conditions under which rape can happen: <\/span>\u2219 <\/span>against her will.\u00a0\u00a0<\/span><\/p>\n

      \u2219 <\/span>without her consent.\u00a0\u00a0<\/span><\/p>\n

      \u2219 <\/span>with her consent, when her consent has been obtained by putting her or any person in\u00a0 whom she is interested in fear of death or hurt.\u00a0<\/span><\/p>\n

      \u2219 <\/span>with her consent, when the man knows that he is not her husband and that her consent\u00a0 is given because she believes that he is another man to whom she is or believes herself\u00a0 to be lawfully married.\u00a0<\/span><\/p>\n

      \u2219 <\/span>with her consent when, at the time of giving such consent, because of mental illness or\u00a0 intoxication, she is unable to understand the nature and consequences of that to which\u00a0 she gives consent.\u00a0<\/span><\/p>\n

      \u2219 <\/span>with or without her consent, when she is under eighteen years of age. <\/span>\u2219 <\/span>when she is unable to communicate consent.<\/span><\/p>\n

      2.2 <\/b>Evolution of Rape laws in India\u00a0<\/b><\/p>\n

      In the 1860s, the IPC gave us the first definition of rape. It was characterised as having\u00a0 intercourse against a woman’s will or consent, in addition to obtaining consent by instilling fear\u00a0 of death or harm in the victim or everyone she is close to. The idea of rape remained unchanged\u00a0 for the following century or so, showing no signs of amendments until the Mathura Rape Case.\u00a0<\/span><\/p>\n

      2.2.1 <\/b>Mathura Custodial Rape case\u00a0<\/b><\/p>\n

      After the Supreme Court freed the defendants in the case of <\/span>Tuka Ram and Anr. vs State of\u00a0 Maharashtra<\/span><\/i>,<\/span>1<\/span>also known as the Mathura custodial rape case, the rape laws experienced some\u00a0 major changes. Custodial rape, which relates to rapes committed by law enforcement, was\u00a0 included to the definition of rape. Consequently, the Indian Evidence Act of 1872 was amended\u00a0 to include 114 A. This new section, which related to custodial rapes, assumed a lack of consent\u00a0 in certain circumstances if the victim stated so. The IPC was also amended to include Section\u00a0 228A, which forbade victim character assassination and made it illegal to reveal the name of\u00a0 victims of specific crimes, including rape. Even though it was illegal, cross-examination was\u00a0 not considered character assassination. As a result, when a victim spoke, attorneys deliberately\u00a0 made an effort to degrade her by inquiring about her sexual history and undermining her\u00a0 testimony by telling the judges that the victim was “immoral.”\u00a0\u00a0<\/span><\/p>\n

      By this, the victim’s sexual integrity was jeopardised, and she experienced additional anguish.\u00a0 The Supreme Court took notice of this after a Public Interest Litigation (PIL) asked the law\u00a0 commission to recommend changes to our rape laws. As a result, Section 155(4) of the Indian\u00a0 Evidence Act was later modified. After the modification, cross-examination of victims was\u00a0 prohibited.\u00a0<\/span><\/p>\n

      2.2.2 <\/b>Nirbhaya Rape Case\u00a0<\/b><\/p>\n

      A physiotherapy intern was viciously gang-raped in a moving bus on December 16, 2012; she\u00a0 was then flung off the bus and, a few days later, passed away from her wounds. Because of the\u00a0 savagery of the crime, the Nirbhaya Gang rape case received extensive media coverage and\u00a0 rocked the nation. The government took the initiative to amend the laws to prevent a crime of\u00a0 this magnitude from occurring again as a result of the widespread public outcry.\u00a0<\/span><\/p>\n

      The Juvenile Justice Act and the 2013 Criminal Amendment Act were the results of the\u00a0 Supreme Court\u2019s judgement on <\/span>Mukesh & Anr. v. State for NCT of Delhi & Ors <\/span><\/i>2<\/span>\u00a0<\/span><\/p>\n

        \n
      1. Tuka Ram and Anr. vs State of Maharashtra, <\/span><\/i>1979 AIR 185 SCR (1) 810\u00a0<\/span><\/li>\n
      2. Mukesh & Anr. v. State for NCT of Delhi & Ors., <\/span><\/i>AIR 2017 (6) SCC 1<\/span><\/li>\n<\/ol>\n

        The definition of rape was expanded by the 2013 criminal amendment, which also raised the\u00a0 penalty for gang rape from 10 years to life to 20 years to life. The minimum penalty for rape,\u00a0 which had not altered since 1860, was raised from seven to ten years, and new crimes such as\u00a0 stalking, voyeurism, and acid attacks were added. In situations when the victim was slain or\u00a0 placed in a vegetative state, it also allowed for the death penalty. Following the historic Aruna\u00a0 Shanbaug case, the definition was first amended to encompass the vegetative condition.\u00a0<\/span><\/p>\n

        2.2.3 <\/b>Asifa Bano Rape Case\u00a0<\/b><\/p>\n

        A group of men raped and killed 8-year-old Asifa Bano in the Kathua area of Jammu &\u00a0 Kashmir in January 2018. A priest at the temple where the rape occurred was the primary\u00a0 accused. Nationwide demonstrations and calls for tougher legislation resulted from this case.\u00a0 Amid the political unrest in Jammu and Kashmir, this case became heavily politicised along\u00a0 communal lines. The Supreme Court judgment on <\/span>Mohd. Akhtar vs The State of Jammu and\u00a0 Kashmir (2018)<\/span><\/i>3<\/span>led to the 2018 Criminal Amendment Act, which mainly changed POCSO Act, because the rape was against a juvenile. In addition to a minimum punishment of 20 years\u00a0 in jail, the act permitted the death penalty for rape of a minor under the age of twelve. A new\u00a0 provision that addressed the crime of rape against a juvenile under the age of sixteen was added\u00a0 to the IPC. This felony carried a sentence of 20 years to life in prison.\u00a0<\/span><\/p>\n

        2.3 <\/b>Punishment for Rape\u00a0<\/b><\/p>\n

        After observing the various heinous rape cases throughout the history of our country, it is only\u00a0 just that the punishment for rape will be fairly strict. Thus, under Section 64 of the Bhartiya\u00a0 Nyaya Sanhita 2023, if a person commits the act of rape, generally he will be subjected to\u00a0 rigorous imprisonment for minimum of 10 years, which may also extend to a life imprisonment\u00a0 sentence, and shall also be liable to fine.\u00a0<\/span><\/p>\n

          \n
        1. Mohd. Akhtar vs The State of Jammu and Kashmir, <\/span><\/i>AIR <\/span>2018 (5) SCC 499<\/span><\/li>\n<\/ol>\n

          In certain special circumstances, enumerated under Section 64(2) of the Sanhita, he will be\u00a0 subjected to rigorous imprisonment for minimum of 10 years, which may also extend to a life\u00a0 imprisonment sentence, but in this case the life sentence extends to the natural life of the person,\u00a0 and shall also be liable to fine. The circumstances enumerated under section 64(2) are:\u00a0\u00a0<\/span><\/p>\n

          (a) being a police officer, commits rape:\u00a0<\/span><\/p>\n

          (b) being a public servant, commits rape on a woman;\u00a0<\/span><\/p>\n

          (c) being a member of the armed forces deployed in an area by the Central Government or\u00a0 a State Government commits rape in such area;\u00a0<\/span><\/p>\n

          (d) being on the management or on the staff of a jail, remand home or other place of custody\u00a0 established by or under any law for the time being in force or of a women\u2019s or children\u2019s\u00a0 institution, commits rape on any inmate of such jail, remand home, place or institution;\u00a0<\/span><\/p>\n

          (e) being on the management or on the staff of a hospital, commits rape on a woman in that\u00a0 hospital;\u00a0<\/span><\/p>\n

          (f) being a relative, guardian or teacher of, or a person in a position of trust or authority\u00a0 towards the woman, commits rape on such woman;\u00a0<\/span><\/p>\n

          (g) commits rape during communal or sectarian violence;\u00a0<\/span><\/p>\n

          (h) commits rape on a woman knowing her to be pregnant;\u00a0<\/span><\/p>\n

          (i) commits rape, on a woman incapable of giving consent;\u00a0<\/span><\/p>\n

          (j) being in a position of control or dominance over a woman, commits rape on such\u00a0 woman;\u00a0<\/span><\/p>\n

          (k) commits rape on a woman suffering from mental illness or physical disability; (l) while committing rape causes grievous bodily harm or maims or disfigures or\u00a0 endangers the life of a woman;\u00a0\u00a0<\/span><\/p>\n

          (m) commits rape repeatedly on the same woman.\u00a0<\/span><\/p>\n

          Moreover, under Sections 65(1) & 65(2), if a man commits the act of rape against a woman\u00a0 who is under sixteen years of age and twelve years of age respectively, he will be subjected to\u00a0 rigorous imprisonment for minimum of 20 years, which may also extend to a life imprisonment\u00a0 sentence, but in this case the life sentence extends to the natural life of the person, and shall\u00a0 also be liable to fine. In this case, the amount fine should be reasonable to meet the medical\u00a0 expenses and rehabilitation of the victim, and the fine will be paid to the victim directly.\u00a0<\/span><\/p>\n

          3.1 <\/b>Sexual Intercourse by Husband upon His Wife During Separation<\/b><\/p>\n

          Under Section 67 of BNS 2023, If a man has sexual intercourse with his wife, who is living\u00a0 separately for the time being, under a decree of separation or otherwise, he shall be subjected\u00a0 to rigorous imprisonment for a minimum of 2 years, which may extend to 7 years, and shall\u00a0 also be liable to a fine. The status of Marital Rape is, unfortunately still legal except in\u00a0 exceptional cases like the scenario this section portrays.\u00a0<\/span><\/p>\n

          Notable Case Law: <\/b>Ruth Manorama v. Union of India, 2022\u00a0<\/span><\/i><\/p>\n

          3.2 <\/b>Sexual Intercourse by a Person in Authority\u00a0<\/b><\/p>\n

          Under Section 68 of the Sanhita, whoever, being in a position of authority or in a fiduciary\u00a0 relationship, a public servant, Superintendent or manager of a jail, remand home or other place\u00a0 of custody established by or under any law for the time being in force, or a women\u2019s or\u00a0 children\u2019s institution, or on the management of a hospital or being on the staff of a hospital,\u00a0 abuses such position or fiduciary relationship to seduce any woman either in his custody or\u00a0 under his charge or present in the premises to have sexual intercourse with him, such sexual\u00a0 intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment\u00a0 for a minimum of five years, but which can extend to ten years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

          3.3 <\/b>Sexual Intercourse by Employing Deceitful Means, etc.<\/b>\u00a0<\/b><\/p>\n

          Whoever, by deceitful means or making promise to marry to a woman without any having any\u00a0 actual intention of fulfilling the same has sexual intercourse with her, such sexual intercourse\u00a0 not amounting to the offence of rape, shall be punished with imprisonment of either description up to ten years and shall also be liable to fine, under Section 69 of the Sanhita.\u00a0<\/span><\/p>\n

          3.4 <\/b>Gang rape\u00a0<\/b><\/p>\n

          Under Section 70 of the Bhartiya Nyaya Sanhita 2023, if a woman is subjected to rape by one\u00a0 or more persons constituting a group or acting together with a common intention, each of\u00a0 those persons shall be declared to have committed the offence of rape. For this act, each of\u00a0 them shall be punished with rigorous imprisonment for a minimum of 20 years, which can extend to life imprisonment sentence, and in this scenario, life sentence shall mean\u00a0 imprisonment for the remainder of that person\u2019s natural life, and with a fine. Provided that\u00a0 such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the\u00a0 victim, and such fine shall be paid to the victim directly.<\/span><\/p>\n

          Where a woman under eighteen years of age is raped by one or more persons constituting a\u00a0 group or acting together with a common intention, each of those persons shall be declared to\u00a0 have committed the offence of rape and shall be punished with imprisonment for life, which\u00a0\u00a0<\/span><\/p>\n

          shall mean imprisonment for the remainder of that person\u2019s natural life, and with fine, or with\u00a0 death. Provided that such fine shall be just and reasonable to meet the medical expenses and\u00a0 rehabilitation of the victim, and such fine shall be paid to the victim.\u00a0<\/span><\/p>\n

            \n
          1. <\/b>CRIMINAL FORCE AND ASSAULT AGAINST WOMEN <\/b>4.1 <\/b>Assault or criminal force with intent to outrage her modesty\u00a0<\/b><\/li>\n<\/ol>\n

            Under Section 73 of the Sanhita, any person who assaults or inflicts criminal force upon any\u00a0 woman, intending to outrage or has the knowledge that by inflicting such force would result\u00a0 in outraging her modesty, shall be punished with imprisonment of either description for a minimum of 1 year, which may extend to five years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

            4.2 <\/b>Sexual Assault\u00a0<\/b><\/p>\n

            Under Section 74 of BNS 2023, if a man commits any of the following acts\u2014\u00a0<\/span><\/p>\n

            \u2219 <\/span>Makes physical contact and advances involving unwelcome and explicit sexual\u00a0 overtures;\u00a0<\/span><\/p>\n

            \u2219 <\/span>makes a demand or request for sexual favours;\u00a0\u00a0<\/span><\/p>\n

            \u2219 <\/span>Shows pornography against the will of a woman;\u00a0\u00a0<\/span><\/p>\n

            \u2219 <\/span>Makes sexually coloured remarks\u00a0<\/span><\/p>\n

            He shall be guilty of the offence of sexual harassment. As for the punishment is\u00a0 concerned, any man who commits the offence specified in clause (i) or clause (ii) or\u00a0 clause (iii) of sub-section (1) shall be punished with rigorous imprisonment up to three\u00a0 years, or with fine, or with both.\u00a0<\/span><\/p>\n

            Moreover, any man who commits the offence specified in clause (iv) of sub-section (1)\u00a0 shall be punished with imprisonment of either description up to one year, or with fine, or\u00a0 with both.<\/span><\/p>\n

            4.3 <\/b>Assault with the intention to disrobe\u00a0<\/b><\/p>\n

            Under Section 75 of the Bhartiya Nyaya Sanhita 2023, any person who assaults or uses\u00a0 criminal force to any woman or abets such act with the intention of disrobing or compelling\u00a0 her to be naked, shall be punished with imprisonment of either description for a minimum of\u00a0 3 years, which may extend to 7 years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

            4.4 <\/b>Voyeurism <\/b>\u00a0<\/b><\/p>\n

            Under Section 76 of the Sanhita, whoever watches, or clicks pictures or videos of a woman\u00a0 engaged in a private act in a situation where she usually would not expect being observed by\u00a0 anyone, or distributes such image shall be punished \u2013\u00a0<\/span><\/p>\n

            \u2219 <\/span>on first conviction with imprisonment of either description for a minimum of 1 year,\u00a0 which may extend to 3 years, and shall also be liable to fine,\u00a0<\/span><\/p>\n

            \u2219 <\/span>on a second or subsequent conviction with imprisonment of either description for a\u00a0 minimum of 3 years, which may extend to 7 years, and shall also be liable to fine. <\/span>4.5 <\/b>Stalking\u00a0<\/b><\/p>\n

            Under Section 77 of the Sanhita, any man who \u2014\u00a0<\/span><\/p>\n

            \u2219 <\/span>follows a woman and contacts, or attempts to contact such woman for a personal\u00a0 interaction despite a clear indication of disinterest by such woman;\u00a0<\/span><\/p>\n

            \u2219 <\/span>monitors a woman by the use of the internet, e-mail or any other form of electronic\u00a0 communication,\u00a0<\/span><\/p>\n

            commits the offence of stalking. Under the Proviso of Section 77, certain conduct will not\u00a0 amount to stalking if the man who pursued can prove before the Court that\u2014\u00a0<\/span><\/p>\n

            \u2219 <\/span>he pursued her to prevent or detect a crime and he had been entrusted with the\u00a0 responsibility of prevention and detection of crime by the State;\u00a0\u00a0<\/span><\/p>\n

            \u2219 <\/span>it was pursued under any law or to comply with any condition or requirement imposed\u00a0 by any person under any law;\u00a0<\/span><\/p>\n

            \u2219 <\/span>I the particular case, such conduct was reasonable and justified.\u00a0\u00a0<\/span><\/p>\n

            Regarding the punishment for Stalking, whoever commits the offence of stalking shall be\u00a0 punished \u2013<\/span><\/p>\n

            \u2219 <\/span>on first conviction with imprisonment of either description up to 3 years, and shall\u00a0 also be liable to fine;\u00a0\u00a0<\/span><\/p>\n

            \u2219 <\/span>on a second or subsequent conviction with imprisonment of either description up to 5 years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

              \n
            1. <\/b>OFFENCES RELATING TO MARRIAGE\u00a0<\/b><\/li>\n<\/ol>\n

              5.1 <\/b>Dowry Death\u00a0<\/b><\/p>\n

              Section 79 of the Bhartiya Nyaya Sanhita describes the offence of Dowry death, which a\u00a0 prevalent social evil within the Indian Society. It says that, if the death of a woman is caused\u00a0 by any burns or bodily injury or occurs as an exceptional or unusual situation within seven\u00a0 years of her marriage and if it can be shown that soon before her demise, she was subjected to\u00a0 cruelty or harassment by her husband or any relative of her husband for any demand for\u00a0 dowry, such death shall be called \u201cdowry death\u201d, it shall be presumed that such husband or\u00a0 relative has caused her death.\u00a0<\/span><\/p>\n

              \u201cDowry\u201d shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961.\u00a0<\/span><\/p>\n

              Punishment for Dowry Death: <\/b>Imprisonment for a minimum of 7 years, which may extend\u00a0 to imprisonment for life.\u00a0<\/span><\/p>\n

              5.2 <\/b>Deceitful Cohabitation\u00a0<\/b><\/p>\n

              Section 80 of the Sanhita says that every man deceitfully make any woman who is not\u00a0 lawfully married to him believe that she is lawfully married to him and makes her cohabit\u00a0 with him or have sexual intercourse with him, shall be punished with imprisonment of either\u00a0 description up to 10 years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

              5.3 <\/b>Bigamy\u00a0<\/b><\/p>\n

              Under Section 81 of the Sanhita, whoever, despite having a husband or wife living, marries\u00a0 again with another person other than their current spouse during the life of such husband or\u00a0 wife, shall be punished with imprisonment of either description up to 7 years, and shall also\u00a0 be liable to fine.\u00a0\u00a0<\/span><\/p>\n

              Exception<\/b>\u2014This sub-section does not apply to any person whose marriage with such\u00a0 husband or wife has been declared void by a Court of competent jurisdiction.<\/span><\/p>\n

              Also, whoever commits the offence of Bigamy under sub-section (1) after concealing from\u00a0 the person with whom the subsequent marriage is contracted, the fact of the former marriage,\u00a0 shall be punished with imprisonment of either description up to ten years, and shall also be\u00a0 liable to fine.\u00a0<\/span><\/p>\n

              5.4 <\/b>Enticing or taking away or detaining with criminal intent married <\/b>\u00a0<\/b>woman<\/b>\u00a0<\/b><\/p>\n

              Under Section 83, whoever takes or entices away any already married woman, with intent\u00a0 that she may have illicit intercourse with any person, or conceals or detains any such woman with that intent, shall be punished with imprisonment of either description up to two years, or\u00a0 with fine, or with both.\u00a0<\/span><\/p>\n

              5.5 <\/b>Cruelty\u00a0<\/b><\/p>\n

              Under Section 84 of the Sanhita, whoever, being the husband or the relative of the husband of\u00a0 a woman, treats the woman with cruelty (physical or mental), shall be subjected to\u00a0 punishment with imprisonment up to three years and shall also be liable to fine.\u00a0\u00a0<\/span><\/p>\n

              In this section, \u201ccruelty\u201d means\u2014\u00a0<\/span><\/p>\n

              \u2219 <\/span>any wilful conduct which is is likely to drive the woman to commit suicide or to cause\u00a0 grave injury or danger to life, limb or health (whether mental or physical) of the\u00a0 woman;\u00a0\u00a0<\/span><\/p>\n

              \u2219 <\/span>harassment of the woman where such harassment is to coerce her or any person\u00a0 related to her to meet any unlawful demand for any property or valuable security, or is\u00a0 on account of failure by her or any person related to her to meet such demand.\u00a0<\/span><\/p>\n

                \n
              1. <\/b>OFFENCES RELATING TO MISCARRIAGE AND\u00a0 INJURIES TO UNBORN\u00a0<\/b><\/li>\n<\/ol>\n

                6.1 <\/b>Causing Miscarriage with Consent\u00a0<\/b><\/p>\n

                Under Section 86, whoever causes a woman with child to miscarry with her consent, if such\u00a0 miscarriage is not caused in good faith to save the life of the woman, shall be punished with\u00a0 imprisonment of either description up to 3 years, or with fine, or with both. Moreover, if the\u00a0<\/span><\/p>\n

                woman is quick with child, shall be punished with imprisonment of either description up to 7\u00a0 years, and shall also be liable to fine.\u00a0<\/span><\/p>\n

                6.2 <\/b>Causing Miscarriage without Consent\u00a0<\/b><\/p>\n

                Under Section 87 of BNS, whoever commits the offence under section 86 without the consent\u00a0 of the woman, whether the woman is quick with child or not, shall be punished with\u00a0 imprisonment for life, or with imprisonment of either description up to 10 years, and shall\u00a0 also be liable to fine.\u00a0\u00a0<\/span><\/p>\n

                6.3 <\/b>Death Caused by Miscarriage\u00a0<\/b><\/p>\n

                Under Section 88, whoever, to cause the miscarriage of a woman with child, does any act\u00a0 which causes the death of such woman, shall be punished with imprisonment of either\u00a0 description up to 10 years, and shall also be liable to fine. Where the act referred to is done\u00a0 without the consent of the woman, they shall be punishable either with imprisonment for life,\u00a0 or with the punishment specified in said section.\u00a0<\/span><\/p>\n

                6.4 <\/b>Act done to prevent child from being born alive or to cause it to die <\/b>\u00a0<\/b>after birth\u00a0<\/b><\/p>\n

                Under Section 89 of BNS, any person before the birth of any child does any act to thereby\u00a0 prevent that child from being born alive or cause it to die after its birth, if such act is not done in good faith to save the life of the mother, be punished with imprisonment of either\u00a0 description up to ten years, or with fine, or with both.\u00a0\u00a0<\/span><\/p>\n

                  \n
                1. <\/b>EXPOSURE AND ABANDONMENT OF CHILD <\/b>7.1 <\/b>Exposure and abandonment of child under twelve years\u00a0<\/b><\/li>\n<\/ol>\n

                  Under Section 91 of BNS, whoever is the father or mother of a child under the age of twelve\u00a0 years, or having the care of such child, exposes or leaves such child in any place to wholly\u00a0 abandon such child, shall be punished with imprisonment of either description up to seven\u00a0 years, or with fine, or with both.<\/span><\/p>\n

                  7.2 <\/b>Concealment of birth by secret disposal of dead body\u00a0<\/b><\/p>\n

                  Under Section 92, anyone who secretly buries or disposes of the dead body of a child whether\u00a0 such child die before or after or during its birth to intentionally conceal the birth of such\u00a0 child, shall be punished with imprisonment of either description up to two years, or with fine,\u00a0 or with both.\u00a0\u00a0<\/span><\/p>\n

                  7.3 <\/b>Hiring, employing or engaging a child to commit an offence\u00a0<\/b><\/p>\n

                  Under Section 93 of the Sanhita, whoever hires or employs any child below the age of\u00a0 eighteen years to commit an offence shall be punished with imprisonment of either\u00a0 description or fine provided for that offence as if the offence had been committed by such\u00a0 person himself.\u00a0<\/span><\/p>\n

                  7.4 <\/b>Procuration of child.\u00a0<\/b><\/p>\n

                  Under Section 94, if anyone by any means, induces any child below the age of eighteen years\u00a0 to go from any place or to do any act with intent that such child may be, or knowing that it is\u00a0 likely that such child will be, forced or seduced to sexual intercourse with another person\u00a0 shall be punishable with imprisonment up to ten years, and shall also be liable to fine.\u00a0\u00a0<\/span><\/p>\n

                  7.5 <\/b>Kidnapping or abducting child under ten years with intent to steal <\/b>\u00a0<\/b>from its person. <\/b>\u00a0<\/b><\/p>\n

                  Under Section 95 of BNS, whoever kidnaps or abducts any child under the age of ten years\u00a0 intending to take any movable property from the person of such child dishonestly, shall be\u00a0 punished with imprisonment of either description up to seven years, and shall also be liable to\u00a0 fine.\u00a0<\/span><\/p>\n

                  7.6 <\/b>Selling and Buying child for purposes of prostitution, etc.\u00a0<\/b><\/p>\n

                  According to Section 96, anyone who <\/span>sells<\/b>, rents, hires, or otherwise disposes of a child\u00a0 under the age of eighteen with the knowledge that the child will eventually be used for\u00a0 prostitution, illicit sexual relations, or any other illegal and immoral purpose, or who knows\u00a0 that it is likely that the child will eventually be used for any of these purposes, faces up to ten\u00a0 years in prison of any kind in addition to a fine.\u00a0\u00a0<\/span><\/p>\n

                  Section 97 of the BNS states that anyone who <\/span>purchases<\/b>, hires, or otherwise obtains\u00a0 possession of a child under the age of eighteen with the knowledge that the child will be used\u00a0<\/span><\/p>\n

                  for prostitution, illicit sexual relations, or any other illegal and immoral purpose at any age, or\u00a0 who knows it is likely that the child will be used for any of these purposes at any age, faces a\u00a0 minimum sentence of seven years in prison of any kind, with a maximum sentence of\u00a0 fourteen years, as well as a fine.\u00a0<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

                  Author: Rudrajeet Thakur\u00a0 INTRODUCTION\u00a0 Throughout the history of humankind, the two communities which have been the most\u00a0 vulnerable and have faced the most gruesome injustices are women and children. Especially in\u00a0 the Indian context, women have been the subject of cruelty for the most part. Though law\u00a0 recognises those basic human rights of women and […]<\/p>\n","protected":false},"author":1,"featured_media":5527,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[199],"tags":[],"_links":{"self":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5571"}],"collection":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/comments?post=5571"}],"version-history":[{"count":4,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5571\/revisions"}],"predecessor-version":[{"id":5575,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5571\/revisions\/5575"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media\/5527"}],"wp:attachment":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media?parent=5571"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/categories?post=5571"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/tags?post=5571"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}