Monday, December 25, 2023

Bharatiya Nyaya Sanhita, 2023 and Provisions of Rape

 Bharatiya Nyaya Sanhita, 2023 and Provisions of Rape


Bharatiya Nyaya Sanhita, 2023 repeals Indian Penal Code, 1860 through S.358 (1) of Sanhita, 2023. It has been published in Gazette of India on 25 Dec 2023. Sec. 1(2) of Sanhita, 2023 indicates that Sanhita, 2023 has come into force on 25 December 2023.


Sec. 63 of Sanhita, 2023 explains when a man is said to commit offence of rape. S.64 provides what will be the punishment for rape. There is a minimum sentence prescribed in S.64 (1) of Sanhita, 2023. S.70 (1) provides for min. 20 years imprisonment in certain kinds of offences of rape. Body parts mentioned in S.63 are vagina, mouth, urethra or anus.  S.63 also contains 2 exceptions. 


Written by 

Vishal

Delhi

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