Sex On Marriage Pretext Criminalised, Adultery And Section 377 Dropped In Proposed IPC Overhaul

The Bharatiya Nyaya Sanhita Bill, tabled in Lok Sabha, seeks to replace the existing Indian Penal Code.

The Bills have been framed after extensive consultation with Supreme Court and High Court judges, Chief Ministers, Law Ministries and Governors.

New Delhi: The government on Friday introduced three Bills in the Lok Sabha which aim to completely overhaul the existing legal framework for India’s criminal justice system. The three Bills Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Saksha Bill 2023 seek to replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act (IEA) respectively.

The Bills have been framed after extensive consultation with Supreme Court and High Court judges, Chief Ministers, Law Ministries and Governors, a report by LiveLaw stated.

The Bharatiya Nyaya Sanhita (BNS) Bill proposes to criminalise marrying a woman by hiding identity or having intercourse under the pretext of marriage, promotion and employment.

“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 Bill states.

Section 69 of the new Bill states “deceitful means” also include “false promise of employment or promotion, inducement or marrying after suppressing identity”.

The Bill also made the crime of voyeurism gender neutral with a punishment of three to seven years.

Two other changes proposed in the new Bill are to drop the provisions for adultery and Section 377 of the existing IPC.

The proposed law defines sexual offences like rape as an act by a man against woman or child, and provisions for non-consensual acts against men, which amounts to “unnatural sex”, covered under Section 377, have been omitted.

“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine,” Section 377 of IPC states.

"Crime against women and many social problems faced by them have been addressed in this Bill. For the first time, intercourse with women under the false promise of marriage, employment, promotion and false identity will amount to a crime," Union Home Minister Amit Shah said, as quoted by PTI.

Meanwhile, Bharatiya Nagarik Suraksha Sanhita Bill proposes to repeal nine provisions, changes 160 and introduces nine new provisions to CrPC.

Bharatiya Saksha Bill seeks to repeal five, change 23 and introduce one new provision to Indian Evidence Act.