Understanding Domestic Violence Provisions Under the Bharatiya Nyaya Sanhita (BNS), 2023

Introduction

Domestic violence remains a critical issue in India, affecting countless women. The Bharatiya Nyaya Sanhita (BNS), 2023, introduces modern provisions to address and mitigate this social evil. This blog focuses on the relevant sections within the BNS that deal with domestic violence, comparing them to the well-known Section 498A of the Indian Penal Code (IPC).

Overview of Domestic Violence Under IPC

Section 498A IPC:

• Scope: Addresses cruelty by a husband or his relatives towards a married woman.
• Definition of Cruelty: Includes any willful conduct likely to drive a woman to suicide or cause grave injury to her life, limb, or health (mental or physical), and harassment related to unlawful dowry demands.
• Punishment: Imprisonment for up to three years and a fine.

Relevant Provisions in BNS, 2023

The BNS 2023 includes several sections that can be invoked to address various aspects of domestic violence:

Section 86 - Cruelty to Women:

• Definition: Similar to Section 498A IPC, Section 86 of the BNS defines cruelty as any willful conduct that is likely to drive a woman to suicide or cause severe physical or mental harm.
• Punishment: The punishment includes imprisonment and/or a fine, providing a legal deterrent against domestic cruelty.

Section 117 - Presumption of Abetment of Suicide by a Married Woman:

• Presumption: If a married woman commits suicide within seven years of her marriage, and it is shown that she was subjected to cruelty by her husband or his relatives, the court may presume that such suicide was abetted by her husband or his relatives.
• Implications: This provision strengthens the legal framework to protect women from severe domestic abuse leading to tragic outcomes.

Section 118 - Presumption of Dowry Death:

• Dowry Death: If a woman dies due to burns or bodily injury within seven years of her marriage, and it is shown that she was subjected to cruelty or harassment for dowry soon before her death, the court shall presume the person accused caused the dowry death.
• Punishment: Severe penalties are imposed to deter dowry-related violence.

Comparison with Section 498A IPC

Scope and Application:

• Section 498A IPC: Specifically addresses cruelty related to dowry and harassment by the husband or his relatives.
• Sections 86, 117, and 118 BNS: Provide a broader framework covering various forms of cruelty, including mental and physical abuse, abetment of suicide, and dowry deaths.

Punishments:

• Both IPC and BNS impose imprisonment and fines, but the BNS provisions include specific presumptions that strengthen the protection for women and enhance the ability to prosecute offenders effectively.

Practical Implications

For Victims:

• Awareness: Understanding the provisions under BNS 2023 can empower victims to seek legal protection and justice.
• Legal Recourse: Victims can file complaints under the relevant sections, ensuring comprehensive legal coverage for various forms of domestic violence.

For Law Enforcement:

• Prompt Action: Police must respond swiftly to complaints of domestic violence, ensuring victims' safety and thorough investigation.
• Enforcement: Rigorously applying the BNS provisions to hold offenders accountable and deter future incidents.

For Legal Practitioners:

• Guidance: Lawyers must be well-versed in both IPC and BNS provisions to provide accurate legal advice and representation.
• Representation: Effective prosecution and defense strategies can be developed by leveraging the comprehensive framework provided by the BNS.

Conclusion

The Bharatiya Nyaya Sanhita, 2023, through Sections 86, 117, and 118, offers a robust legal framework to address domestic violence, providing protections that are comparable to and, in some aspects, more comprehensive than Section 498A IPC. Understanding and utilizing these provisions can significantly contribute to safeguarding women's rights and promoting a just and safe society.