The new set of criminal offences will go into effect on July 1, 2024. The Bharatiya Nyaya Samhita, 2023 (BNS), has replaced the Indian Penal Code and notably eliminated Section 377 entirely.
Under the new law, the definition of rape is restricted to situations where the perpetrator is a man and the victim is a woman.
In all other cases where the victim is a non-cisgender woman, they would be covered under the section pertaining to grievous hurt, which is a bailable offence with the possibility of imprisonment for up to 7 years.
Rape laws post July 1, 2024
The provision known as Section 377 of the IPC, which criminalised "unnatural offences," has sparked controversy. In the case of Navtej Singh Johar v. Union of India, the Supreme Court interpreted Section 377 and chose not to strike it down.
It decriminalised consensual same-sex relations among adults while retaining Section 377 in the IPC to address non-consensual acts and bestiality.
However, the new BNS legislation has completely excluded this section. Section 63, which pertains to rape, defines it in a way that considers only women as victims and only men as perpetrators.
Under this section, the minimum term of imprisonment is 10 years, and it can extend to life imprisonment.
The rape laws in India do not apply equally to men and transgender persons, and as of July 1, the rape of men and transgender persons will not be considered a crime.
Men will be able to seek recourse under Sections 114 and 115 of the BNS, which addresses serious injury.
This section allows for a maximum prison sentence of 7 years. Similarly, the transgender community can seek recourse under the same sections of the BNS as well as Section 18 of the Transgender Persons (Protection of Rights) Act, 2019.
This section mandates a prison sentence of no less than 6 months and a maximum of 2 years. Shockingly, those who commit bestiality will escape unpunished!
Several countries, such as Nepal, South Africa, and New Zealand, have implemented laws on rape that are gender-neutral.
These countries acknowledge that rape is a violation that affects all individuals, and they guarantee equal protection to everyone, irrespective of gender.
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