Impact of the Bhartiya Nyaya Sanhita, 2023 Relating to Sexual Offences: A Study of Its Effects on Victims, Accused, and Witnesses in the Light of Criminal Jurisprudence and Constitutional Principles

Abstract

The Bhartiya Nyaya Sanhita, 2023 (BNS), replacing the Indian Penal Code of 1860, introduces significant reforms in criminal law, including provisions relating to sexual offences. This study critically examines the impact of these changes on victims, the accused, and witnesses, emphasizing their alignment with criminal jurisprudence and constitutional principles. Key innovations in the BNS, such as redefining sexual offences, strengthening victim-centric approaches, and introducing measures to safeguard the under-trial persons as well as witnesses, are analysed. The BNS incorporates provisions aimed at expediting justice, enhancing protections, and ensuring dignity to the victims. These include stricter punishments for offences like rape and sexual harassment and improved mechanisms for victim compensation. However, concerns about potential gaps, such as subjective interpretations of consent or challenges in implementation, remain significant. The rights of the accused are also recalibrated under the BNS. While the law seeks to balance punishment with due process, questions arise about whether procedural safeguards adequately prevent misuse and wrongful convictions. Provisions such as shifting burdens of proof and mandatory minimum sentences for certain offences may conflict with the presumption of innocence and the principle of proportionality. Witnesses, often neglected in traditional frameworks, gain some protection under the BNS through provisions to shield their identities and reduce harassment. However, systemic challenges like delays, intimidation, and lack of support mechanisms persist, potentially undermining these measures. This study evaluates the BNS through the lens of criminal jurisprudence, considering doctrines such as mens rea, proportionality, and due process, and juxtaposes these with constitutional values like equality, dignity, and fairness. While the BNS strives to modernize and streamline sexual offence laws, it also raises critical debates about harmonizing punitive measures with rehabilitative goals, ensuring gender neutrality, and preventing the weaponization of laws. In conclusion, while the Bhartiya Nyaya Sanhita, 2023 represents a progressive step in redefining the legal framework for addressing sexual offences, its ultimate impact will depend on consistent interpretation by the judiciary, robust enforcement mechanisms, and complementary societal reforms.