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MATRIMONIAL CRIMES AGAINST WOMEN: A STUDY WITH SPECIAL REFERENCE TO THE PROVISIONS UNDER BHARATIYA NYAYA SANHITA ACT, 2023.
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MATRIMONIAL
CRIMES AGAINST WOMEN: A STUDY WITH SPECIAL REFERENCE TO THE PROVISIONS UNDER
BHARATIYA NYAYA SANHITA ACT, 2023.
AUTHORED BY
- SUMEDHA SINGH
BA LLB(H),
10th Sem
Amity Law
School, Noida
Amity
University Uttar Pradesh
Abstract
Matrimonial crimes or marital crimes
have globally been recognised as a grave concern and contributes to devastating
consequences that result in affecting the physical, reproductive, sexual, and
psychological health of women. This paper focuses on marital crimes against
women in India with the advent of new and improved criminal legislation in the
nation. It investigates the conceptual framework, legal provisions and reform
proposals related to this issue. This paper shall take a deep insight towards
the types of crimes involved in a marriage referring majorly to domestic
violence and its infliction and impact on women supported with statistical data
representing matrimonial crime in each state, the laws that currently govern
the matter and remedies.
The objective of this paper is to
critically analyse the socio-legal facets of domestic offences against women in
marriage and shed light on the intricacies of this crime and its ramifications.
Furthermore, the paper shall discuss provisions across various laws, including the
“IPC 1860”, Family laws, ‘The.Protection.Of.Women.From Domestic.Violence Act, 2005’
with special reference to the ‘Bharatiya Nyaya Sanhita Act, 2023’.
Keywords: Matrimonial Crimes, IPC, BNS, Women
Introduction
Crimes against women committed inside
the framework of marriage have always been serious societal issues, but in
recent years, they have attracted a lot of attention. The institution of
marriage is by definition, a sacred relationship, or a sanctions union among a
male and a female which ultimately supports the theory of the partners sharing
a secure and supportive environment with one another. However, there’s a darker
side to this, beneath the surface where crimes like domestic violence and abuse
in marriages are still commonplace and
plague the society today. Such crimes are prevalent mostly due to the societal
behaviours and gender specific roles ultimately influenced by power imbalances.
Society’s expectations along with patriarchal norms and the influence of
cultural have long been contributing factors of violence towards women within
the context of marriage. For instance, Dowry, which is a deeply rooted concept
in the Indian culture, the leading causes of domestic violence and abuse
against women and has resulted in several deaths.
In a notable case, “Lalitha.Kumari v. Government of
Uttar Pradesh (2013)”[1],
the ‘Supreme.Court
of India’ highlighted the gender bias and stereotypes prevalent in
society that perpetuate violence against women.
The Indian Legal System has
incorporated certain legislations aimed at addressing and redressing domestic
violence such as “The Protection.Of.Women
From Domestic.Violence
Act, 2005”, however, challenges have continued to prevail in the
implementation of such legislations. Domestic Violence is one of the many
facets that are involved in today’s discussions when it comes to crimes against
women.[2]
Indian Penal Code, 1860 has various
sections as follows :
1.
‘Mock or invalid marriages’ (s 493 and 496)
2.
‘Bigamy’ (s 494 and 495);
3.
‘Adultery’ (s 497);
4.
‘Criminal elopement’ (s 498);
5.
‘Cruelty by husband or relatives of husband’ (s 498A)
The specific definition
and classification of Marital Crimes can vary
depending on the legal jurisdiction. However, other than domestic
violence some common examples include:
1.
Dowry
Harassment: when money or property is demanded from the bride or bride’s family
as a condition for her marriage. It also involves any sort of physical, verbal
or emotional abuse in relation with dowry related issues.
2.
Marital
Rape: this involves sexual activity that is non-consensual within a marriage
amounting to sexual abuse or domestic violence.
3.
Acid
Attacks : when acid is thrown on the victim with the motive of harming the
person often resulting in severe disabilities and disfigurement.
4.
Honour Killings : these are also known as shame killings and are a
horrific practice existing in various parts of the world. It involves the
murder of women or girls, by family members who believe the victim has caused
the family to feel humiliated or dishonoured.
‘About Bharatiya Nyaya Sanhita, 2023 (BNS)’
‘Bharatiya Nyaya
Sanhita,2023’[3] was passed on 25th
December, 2023 to take place as the new penal code of India replacing ‘Indian
Penal Code, 1860 (IPC)’. It is a
thorough legislative initiative aiming to modernise the legal frameworks in
existence and their simplification by addressing a broad variety of issues.
Along with a lot of significant changes, Bharatiya Nyaya Sanhita prioritises offences
against women and minors with punishments in form of both fines and
imprisonment.[4]
The Indian.Penal.Code has been re-enacted after about a
century and a half with the objective of “streamlining provisions relating
to criminal offences and penalties” and to repeal colonial laws as they
were outdated provisions and did not align with the rights at present as well
as the discourse related to inclusion.
Some of the key features
of Bharatiya Nyaya Sanhita are as follows:
1.
Incorporates
new crimes like TERRORISM and ORGANISED CRIME.
2.
It
introduces the opportunity of Community Service as a sentencing option for some
offences.
3.
Although
it retains many offenses from the ‘Indian Penal Code, 1860’ but
revises some, such a increasing penalties for certain crimes.
It consists of 358
sections whereas ‘Indian Penal Code, 1860’ [5]consisted
of 511 sections. It was introduced by Minister.of.Home.Affairs
in Lok Sabha on the 11th of August 2023. Later on, it was withdrawn
on December 12,2023 and the “Bharatiya Nyaya Sanhita Bill 2023”.
Current Position of Women in India
Women have played a
pivotal role for the Indian society and culture yet, even today, the position of
women in India has often been a topic for debate. This has been a burning topic
of concern for the longest time as women in India, despite all progression in
the recent years, still face many challenges regardless of being an inherent part
of this society.
In the post-independence
period India witnessed a universal moment for women equality with introduction
of ‘Articles 14 and 15 of the Indian Constitution’[6] which
guaranteed a complete equality between all the citizens of India. ‘The Hindu. Marriage Act of 1955’[7]
permitted the desolation of marriage on specific grounds and monogamy was made
mandatory on men as well as women. The Hindu.Succession Act of 1956[8] made a daughter an equal co-heir with the son.
‘The Directive Principles of State Policy’ lays down principles
of same compensation for equivalent labour performed by men and women. [9]
Despite all the visible
progress underlying issues remain when it comes to practising the principles of
equality. Birth of a daughter is still considered a bad omen. Even today women
are tortured for not bringing dowry though it has been banned. There are
multiple cases of dowry deaths each year with death by burning remains one of
the leading methods of killing. In extreme cases of extortion, these brides,
sometimes, end up taking their lives by committing suicide. When it comes to
crimes against women the huge number of cases that involve molestation,
kidnapping, abduction, rape, etc are a great example of inequality and
prejudice towards women.
There are several crimes
that occur within a marriage. These crimes are typically outlined in Indian
Penal Code, 1860(IPC)[10].
For instance sections 494[11]
and 495[12]
address the issue of bigamy. Similarly, 498[13]
and 498A[14]
talk about enticing a married woman and cruelty by husband or his relatives.
i.Statistical
data of matrimonial crimes in india
‘The National.CrimeSRecords Bureau (NCRB)’ reports that throughout the nation in
2021, there were 89,200 instances of "women being assaulted.with intent to outrage
their modesty." Rajasthan has 9,079 of these events, ranking fourth.
[who secured the top three spots.
According to an examination of NCRB data, there has been a 13% increase in offences against women over the past five years, from 3.15 lakh in 2017 to 3.57 lakh in 2021.
A considerable percentage of the 3,57,671 crimes against women that occurred in 2021 were related to particular offences such rape, domestic abuse, kidnapping and abduction, and "assault with intent.to outrage modesty." Over the past five years, there has been a 4% increase in this final category of offences.
According to an examination of NCRB data, there has been a 13% increase in offences against women over the past five years, from 3.15 lakh in 2017 to 3.57 lakh in 2021.
A considerable percentage of the 3,57,671 crimes against women that occurred in 2021 were related to particular offences such rape, domestic abuse, kidnapping and abduction, and "assault with intent.to outrage modesty." Over the past five years, there has been a 4% increase in this final category of offences.
There were 86,001 assault
incidences reported nationwide which increased to 89,200 in 2021 with the
intention of shocking modesty in 2017. Nonetheless, these assaults now make up
only 2% of all crimes committed against women. This indicates that throughout
this time, there was a surge in offences against women in other categories. However,
"assault with.intent.to outrage modesty"
accounts for a sizable portion of all offences committed against women. In
2017, it was 27%, and by 2021, it had dropped to 25%.
ii.Crimes
by Husband and his Family
A sizeable percentage of
crimes against women are done by husbands or their family, as evidenced by the
horrifying crime committed in Rajasthan by a husband and his in-laws. According
to NCRB data, there were 1,36,234 cases of husbands or their relatives abusing
their wives in 2021 compared to 1,04,551 in 2017. In 2021, it accounted for
about one-third of all crimes committed against women.
West Bengal had the
greatest total, with 19,952 of these offences. Rajasthan came in third and
Uttar Pradesh in second place, respectively, for the overall number of
incidents of offences committed against women in their marital homes by
husbands or their relatives.[15]
Rajasthan came in third
and Uttar Pradesh in second place, respectively, for the overall number of
incidents of offences against women by husbands or their relatives.
There has been a staggering 30% increase in the specific crime category of "cruelty towards a woman by a husband or his relative." As a result, its percentage of all crimes has also gone up—from 33% in 2017 to 38% in 2021—a rise of 5%.[16]
There has been a staggering 30% increase in the specific crime category of "cruelty towards a woman by a husband or his relative." As a result, its percentage of all crimes has also gone up—from 33% in 2017 to 38% in 2021—a rise of 5%.[16]
Two states that are
frequently mentioned frequently in crime statistics are Uttar Pradesh and
Rajasthan. Uttar Pradesh is ranked fourth for cruelty committed towards women
by husbands or other family members, and third for attacks on women intended to
offend modesty. As previously indicated, Rajasthan ranks third in terms of
cruelty by husband and his family and fourth in terms of assault with aim to
insult modesty. With almost 14,000 incidents, Odisha leads the nation in
attacks on women intended to offend modesty, followed by Maharashtra, Uttar
Pradesh, and Rajasthan. Sadly, West Bengal tops the list with 19,952 cases of
violence committed by husbands and their families.
Indeed, the NCRB data
distinguishes between two different categories of crimes: "insult to
modesty" and "assault on women with intent to.outrage.modesty." ‘Section.354 of the Indian.Penal.Code (IPC)’ applies to the former, while Section
509 to the latter.
A large portion of people
defend wife-beating:
‘The National.Family Health.Survey (NFHS-5)’ Fifth Round indicates that a
significant segment of the Indian population rationalises the beating of a
woman for many reasons, including leaving the house without telling the wife,
disrespecting the in-laws, and doubting the husband's commitment.
According to the NFHS
study, 44% of men and 45% of women between the ages of 15 and 49 said they
thought it was acceptable for a husband to abuse his wife for any of the seven
reasons specified. Views of wife-beating have evolved since the results of the
NFHS-4 poll. In NFHS-5, women's agreement with any of the seven justifications
for wife beating decreased from 52% in NFHS-4 to 7 percentage points. On the
other hand, it went up by 2 percentage points for men, from 42% in NFHS-4.
The results of the NFHS-5 show that 3.1% of pregnant women with a history of marriage and 29.3% of women aged 18-49 who had been married at some point in their life experienced physical abuse from their spouses.[17]
The results of the NFHS-5 show that 3.1% of pregnant women with a history of marriage and 29.3% of women aged 18-49 who had been married at some point in their life experienced physical abuse from their spouses.[17]
Current laws governing matrimonial crimes
Offences relating to marriage within
the IPC are stated between ‘Section 493-498A’ of the ‘Indian
Penal Code’ .These provisions act as a protective legal barrier against
acts that could undermine the context of marriage through injury, deceit, or
injustice. The goal of the law is to uphold marriage integrity and to encourage
equality, justice, and trust among spouses by defining and penalising such
acts. The Indian Penal Code's Sections 493–495 will be examined in this article
in an effort to clarify the charges pertaining to marriage.
i.Section
493 of IPC
The legal system usually
handles complex cases involving relationships, faith, and the consequences of
dishonesty. The code's Section 493 deals with cohabitation
that arises from a man falsely creating the impression that marriage is
legitimate.
For instance, Shyam, a
man with a history of deceitful behaviour, convinces Sunita that they are
lawfully married by forging documents and holding a fake wedding ceremony.
Sunita, unaware of Shyam’s deceptive actions, begins cohabiting with him, only
to discover the truth later. Shyam’s intentional deception and Sunita’s
subsequent cohabitation would fall under the purview of Section 493.[18]
Components
Deception: The male must purposefully mislead his spouse into believing that they are in a valid marriage in order for it to be considered a Section 493 violation. This kind of deceit can involve activities that mislead the victim into believing they are legally married, or it can involve deceptive claims, fraudulent promises, or both.
Deception: The male must purposefully mislead his spouse into believing that they are in a valid marriage in order for it to be considered a Section 493 violation. This kind of deceit can involve activities that mislead the victim into believing they are legally married, or it can involve deceptive claims, fraudulent promises, or both.
·
Cohabitation:
The tricked partner has to move in with the man while pretending that they are
legally wed. Cohabitation is the term for living together in a Intent to
deceive: The guy must act with the intention of tricking his spouse into
thinking they are in a marriage that is recognised by law. In the absence of
the element of intent, Section 493 offences may not be proven.
In this context, Arun Singh v. State of UP[19] is a significant case. The Respondent's daughter, who was engaged to the Appellant (Accused), was at issue in this case. After they started hanging together, the appellant persuaded Jyoti to have a sexual connection with him.
The appellant then began requesting a dowry of Rs. 5 lakhs. The Mahila Thana received a complaint at first, but nothing was done about it. Subsequently, it was found that the appellant had set up a marriage with another woman for financial gain. Thus, in accordance with “Sections 3 and 4 of the Dowry.Prohibition Act” and “Section 493 of the Indian.Penal Code”, a formal complaint was filed against the appellant.
In this context, Arun Singh v. State of UP[19] is a significant case. The Respondent's daughter, who was engaged to the Appellant (Accused), was at issue in this case. After they started hanging together, the appellant persuaded Jyoti to have a sexual connection with him.
The appellant then began requesting a dowry of Rs. 5 lakhs. The Mahila Thana received a complaint at first, but nothing was done about it. Subsequently, it was found that the appellant had set up a marriage with another woman for financial gain. Thus, in accordance with “Sections 3 and 4 of the Dowry.Prohibition Act” and “Section 493 of the Indian.Penal Code”, a formal complaint was filed against the appellant.
But the Court decided
that in this instance, Section 493 IPC's necessary components
were missing. The charges did not prove that Jyoti cohabitated with the accused
because of dishonest misrepresentation, nor did they show that the Appellant
tricked Jyoti into thinking she was legitimately married to him. As a result,
it was decided that the accusations in the FIR did not fall under Section.493 of the IPC.
ii.Section
494 of the Indian penal Code:
The legal provision
pertaining to individuals who marry again while already married to someone else
is covered by Section 494. This provision of the Indian Penal Code
states that an individual will be held accountable if, while their first spouse
is still alive, they engage into a second marriage with a third person. The
individual must currently be in a lawful and recognised marriage.
Such perpetrators will be
tried under this clause, according to Section 494. It is significant to
remember that this offence is classed as both bailable and non-cognizable,
which means that authorities cannot arrest someone without a warrant.[20]
It is noteworthy,
therefore, that bigamy cases can be resolved extrajudicially or compounded, but
only with the first spouse's cooperation and approval from the appropriate
court. This makes it possible for the parties to possibly work things out or
reconcile.
Ingredients of
Section 494
The requirements are
outlined are as follows:
1.
First
Marriage’s Validity : To be legally valid, the first marriage must have been
performed in accordance with the law.
2.
Second marriage occurrence: The person must
have gotten married again, demonstrating their desire to build a new marriage.
3.
Continuation of the first marriage: The first
marriage ought to be valid and should not have been formally ended or
dissolved.
4.
Spouse
survival: In order to be eligible for a second marriage, the first spouse must
still be alive.
5.
Validity of both marriages: The first and the
second marriages ought to be accepted by the law and adhere to its regulations.[21]
In
this context, Sri. T. Manjanna v. State of Karnataka[22]
is a significant case. The petitioner attempted to have the FIR against him,
which was lodged under IPC Section 494, quashed. The petitioner's legally
wedded wife, the complainant, claimed that while their divorce was pending, he
entered into a second marriage. The court concluded, however, that the
allegation of a second marriage was unfounded.
Sending images of another lady does not make it a crime according to Section 494 IPC. There were insufficient components in the complaint to support an offence under Section 494 IPC. It was determined that the petitioner's prosecution on the basis of these accusations was unlawful and a misuse of the legal system. The petition was granted by the court, which also halted the petitioner's prosecution for the Section 494 IPC crimes.
iii.Section
495 of the Indian Penal Code, 1860
The Indian Penal Code's
Section 495 addresses the crime of getting married again while hiding a
previous marriage from the partner in the new union. The purpose of this
section is to safeguard the rights and interests of those engaged in married
relationships and to stop dishonest behaviour in such relationships. It
includes particular requirements that must be met in order for the offence to
be committed.[23]
Components:
1. The defendant needs to be lawfully wed.
1. The defendant needs to be lawfully wed.
2.The defendant needs to get married again.
3.The accused is required to keep their previous marriage a secret from the person they enter into a new marriage with.
4.The second marriage needs to be legally recognised.
3.The accused is required to keep their previous marriage a secret from the person they enter into a new marriage with.
4.The second marriage needs to be legally recognised.
Subhash Babu v. State
of Andhra Pradesh[24] is a seminal case in this respect.
The definitions of "wife" and "aggrieved person" under
Section 495 of the Indian Penal Code were expanded in this instance. The Court
focused on the goal of the law's application rather than the technical
interpretation of the section. Due to her husband's first living spouse's deception,
the court acknowledged that the second wife should be regarded as a legitimate
wife.
The Court underlined the
need for severe punishment, considering this crime to be the most serious
deception recognised by the law. It is known that a second wife has a right to
submit a maintainable complaint under Section 495 against her husband.
iv.Dowry
Deaths
India is one of the many
places in the world where gender-based violence, such as dower deaths, is still
prevalent. The Indian government responded to this problem by passing the
Indian Penal Code in 1986, which included Section 304B that made dowry murders
illegal. According to this clause, a woman's death from burns or other physical
harm suffered during her 7 years of marriage qualifies as a dowry death if it
can be shown that the woman's husband or his family intentionally mistreated
her or engaged in abusive behaviour in response to dowry demands.
The practice of sending
dowry to the husband's family is still common in many groups in India, even
though it has been prohibited since 1961. Dowry deaths are a big problem there.
The practice has its roots in patriarchal beliefs that prioritise the interests
of men above those of women and see women as financial liabilities to their
families.[25]
v.Section
304B of the IPC
Section 304B acknowledges
the graveness of dowry deaths and punishes offenders harshly. If found guilty,
the accused could spend as little as seven years in prison and as much as life
behind bars. In these situations, it is the accused's responsibility to
demonstrate that the death was not the result of abuse or dowry-related
harassment.
Even with the existence of this IPC provision, dowry deaths still happen in India. The reasons are many and intricate, encompassing things like cultural perceptions of women, poverty, and illiteracy. A multimodal strategy involving social awareness campaigns, legal reforms, and women's economic empowerment is needed to effectively address this issue.[26]
Ingredients of Dowry
Death
The principal components
of the dowry death offence under Section 304B IPC are as follows:
1. A woman passes away within 7 years of getting married
2. Death from burns or other physical harm, or from conditions other than those of a natural death; death from abuse or harassment by the husband or his family in relation to any dowry demand
3. Such mistreatment or harassment had to have occurred to the woman shortly before her death.
1. A woman passes away within 7 years of getting married
2. Death from burns or other physical harm, or from conditions other than those of a natural death; death from abuse or harassment by the husband or his family in relation to any dowry demand
3. Such mistreatment or harassment had to have occurred to the woman shortly before her death.
In the event that all of
these conditions are met, ‘Section 304B of the Indian Penal Code’
may be used to prosecute the husband or his family for subjecting the wife to
such mistreatment or intimidation and resulting in dowry death. The minimum
sentence for the offence is seven years in jail, with the possibility of a life
sentence. Dowry murder is a crime for which there is no bail. [27]
vi.Other
Relevant Statutes
The Dowry
Prohibition Act,1961 prohibits the payment of a dowry to a woman at
the time of her marriage or before. According to the legislation, dowry refers
to any property or valued security given or agreed to be given, directly or
indirectly, to the other party in a marriage, by either party's parents, or by
any other person, at or before to the marriage. The law mandates fines and jail
time as well as criminal penalties for giving or receiving dowries.
Additionally, the statute makes it illegal for anybody to seek a dowry from the
bride or her family. It is the bride's family's duty to notify the police of
any such requests.
An important piece of
legislation that aims to lessen the social ill of dowries, which has long been
a problem in India, is the Dowry.Prohibition Act of 1961. Even with the laws in
place, incidents of violence and harassment related to dowries continue to
occur across the nation, highlighting the need for improved enforcement of the
law and increased public knowledge of it.
It is also important to note that the Presumption of Dowry Death is covered by ‘Section.113B of the Indian.Evidence Act of 1872’. It is established that a woman who passes away as a result of a dowry demand was subjected to abuse or harassment just before she passed away. After then, the court will hold that person responsible for her demise.
It is also important to note that the Presumption of Dowry Death is covered by ‘Section.113B of the Indian.Evidence Act of 1872’. It is established that a woman who passes away as a result of a dowry demand was subjected to abuse or harassment just before she passed away. After then, the court will hold that person responsible for her demise.
To comprehend the meaning
of the phrase "soon" under this provision, it is crucial to
understand the case of “Kamesh Panjiyar v. State of Bihar”[28].
In this case, the dead was mistreated by the husband and his family after they
failed to provide the additional dowry they had demanded—a she-buffalo.
Following the wife's discovery dead from a neck injury, the session court ruled
that the death was due to dowry, and the husband was sentenced to ten years in
jail. The Supreme Court maintained the ruling, ruling that the session judge's
penalty was appropriate and that sufficient evidence of the woman's suffering
shortly before her death establishes dowry death under Section 304B.
In the “Paniben
v. State of Gujarat”[29]
case, the Supreme Court found her mother-in-law guilty of dowry death based on
the dying testament of a deceased woman. While the victim was sleeping, the
accused drenched her in kerosene oil, setting her ablaze. She shouted out for
assistance when she woke up, and her husband and other family members
responded, taking her to the hospital where she was unable to be rescued due to
the severity of her injuries. She said her mother-in-law had lit her on fire in
her final statement.
Due to dowry demands, “Pawan
Kumar v. Haryana”[30]'s
victim, Urmil, returned to her parents' home a few days after her marriage. She
died as a result of the harsh treatment and harassment she received from her
husband and in-laws. The spouse was found guilty and given a jail sentence
along with other penalties under Sections 304B, 306, and 498A of the
Indian Penal Code. The court decided that requesting a dowry is
illegal in and of itself and that wanting to purchase a bike or refrigerator is
akin to requesting a dowry. The convictions of the other two appellants were
quashed.
In “State of Punjab v. Gurmit Singh”[31],
the defendant was charged under Section 304B with resulting in the death of
Gurjit Kaur, the spouse of Paramjit Singh. The responder argued that since he
was not related to the deceased, he could not face legal consequences. The court
decided that although he was not able to be punished under Section 304B because
he could not fit the description of a relative, he might be charged for any
other offence under other sections. After examining the definition of
"relative," the case determined that only those related by
blood, adoption, or marriage could be held accountable under Section 304B, with
other people being held accountable under different laws.
vii.Protection
of Women from Domestic Violence Act, 2005 (PWDVA)[32]
India passed the historic “Protection.of Women from Domestic.Violence Act, 2005”
in order to effectively shield women from domestic abuse. Below is a
summary of its main features:
A "woman in a domestic relationship" is defined extensively in the Act. This comprises:
1.Wives
2. Women cohabiting as husband and wife, even in the absence of a legal union
3. Women living in the same home as mothers, sisters, daughters, widows, or any other female relative.
A "woman in a domestic relationship" is defined extensively in the Act. This comprises:
1.Wives
2. Women cohabiting as husband and wife, even in the absence of a legal union
3. Women living in the same home as mothers, sisters, daughters, widows, or any other female relative.
According to the Act, "domestic
violence" includes any act, omission, or behaviour that causes harm or
injury to a woman, such as:
1. Physical mistreatment
2. Verbal mistreatment (harrassment, threats)
3. Emotional abuse (seclusion, intimidation)
4. Sexual mistreatment
5. Abuse of the economy (refusal of resources)[33]
1. Physical mistreatment
2. Verbal mistreatment (harrassment, threats)
3. Emotional abuse (seclusion, intimidation)
4. Sexual mistreatment
5. Abuse of the economy (refusal of resources)[33]
Types of Relief
Available:
·
Residence Rights: Regardless of ownership, women have the right to live in a shared
household.
·
Protection Orders: Magistrates can issue orders restraining the abuser from:
o
Violence
o
Communication
o
Entering
the shared household
·
Maintenance: Women
can claim financial support for themselves and their dependent children.
·
Compensation: Compensation
can be awarded for injuries or emotional distress.
·
Custody and Visitation: Orders related to custody and visitation can be
obtained.
Key Functionaries:
·
Protection Officers: Government officials who assist women in filing complaints,
accessing legal aid, and getting medical help.
·
Service Providers: NGOs and other organizations that can offer shelter, counseling,
and legal assistance.
Important Points:
·
The
PWDVA is a civil remedy, focusing on victim protection and support rather than
solely punishing the abuser. Criminal charges can still be pressed under the
IPC for violent acts.
·
The
PWDVA is not exclusive. Other laws might offer additional protections.[34]
Bharatiya Nyay
Sanhita, 2023
The Indian Penal Code was
modelled after British criminal law, controlling and punishing India instead of
assisting or shielding it. Since our society has changed in every way, certain
sections of this criminal code were no longer applicable. In an effort to
uphold Indian people' rights, the Union Government of India recommended
amending the criminal laws from the colonial era. To replace “the
Indian Evidence Act”, “the Indian Penal Code”, and “the Code of Criminal
Procedure (CrPC)”, the Minister of Home Affairs
filed three legislation in the Lok Sabha. The bills introduced were the
Bharatiya Nyaya Sanhita Bill 2023, Bharatiya Nagarika Suraksha Sanhita
Bill 2023, and Bharatiya Sakshya Bill 2023 aimed to replace the IPC
1860, CrPC 1973, and Indian Evidence Act 1872 respectively.[35]
The main criminal code in
India is the IPC 1860, which covers acts against the state, property, human
body, public order, defamation, and public health. The long-standing Indian
Penal Code has endured multiple amendments throughout the years to add new offences,
modify existing charges, and alter the severity of punishment. In addition, a
number of Law Commission reports have suggested changes to the IPC on offences
against women, food adulteration, and capital punishment. With 358 provisions
compared to the 511 sections of the IPC 1860, “the Bharatiya Nyaya.Sanhita Bill 2023” was
intended to change the way criminal justice is delivered in India. The Bharatiya.Nyaya Sanhita Bill
was introduced in the Lok Sabha by Minister of Home Affairs on August 11, 2023.
Additionally, on December 12, 2023, ‘the Bharatiya Nyaya (Second)
Sanhita Bill, 2023’ was introduced in the Lok Sabha, and the BNS
Bill was withdrawn. The Lok Sabha and Rajya Sabha, respectively, passed the ‘Bharatiya
Nyaya (Second) Sanhita Bill, 2023’ on December 20 and 21.
Key Provisions
The new law prioritises crimes against women, the state, homicide, and minors.
Additionally, it brought consistency and clarity to the legal language by substituting the term "child" for phrases like "minor" and "child under the age of eighteen" throughout the statute.
Under Section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023, the new BNS laws includes "community service" as one of the penalties for a number of offences, including "public servant unlawfully engaging in trade," "non-appearance in response to a proclamation," "attempting to commit suicide to compel or restrain exercise of lawful power," "misconduct in public by a drunken person," and defamation.
Here is a list of some of the most significant adjustments:
·
Section 2 of the BNS, 2023, contains meanings for the terms "child" and
"transgender." Additionally, the definition of "document"
now includes "Electronic and digital records," highlighting their
significance in modern settings. In addition to this, the definition of
"movable property" has been expanded to encompass "properties of
every definition, except land and things attached to the earth or permanently
fastened to anything which is attached to the earth."
·
Section 48 of the BNS, 2023, • enacted a new regulation titled "Aiding outside India for Aiding
in India." This implies that anyone who plans to commit an infraction in
India while seated in a different nation may be prosecuted under this statute.
·
Section 69, a new crime,
"sexual intercourse by employing deceitful means, etc."
was depicted in the new law. It stipulates that anyone who engages in sexual
activity on false pretences of marriage, job, or advancement faces up to ten
years in prison and a fine. With the passage of the new BNS law, the
age-based distinction for punishment in cases of young girls being sexually
assaulted by gangs was eliminated.
·
Section 70(2) stipulates that gang rape of a woman younger than eighteen years of age
carries a mandatory life sentence or the death penalty.
·
Section 103
of the new law also addresses the grave problem of mob violence, death, or
severe harm inflicted upon five or more people on a designated basis. The
grounds could be any combination of caste, community, birthplace, sex, race,
religion, or language.
The Indian Penal Code did
not include the offences that were added by the Bharatiya Nyaya Sanhita
2023. Consolidate and amend the provisions relating to offences and for matters therewith or incidental thereto" is the main driving force behind this.
This law also mentions a number of additional significant modifications that result in an orderly framework to handle the difficulties and demonstrate a dedication to justice and clarity.
Conclusion
To
sum up, the analysis of marriage offences under the purview of “the
Bharatiya Nyaya Sanhita Act”, together with the requirements
delineated in “the Indian Penal Code of 1860”, has yielded significant
insights into the legal terrain of matrimonial conflicts and transgressions in
India. When legislative laws and judicial interpretations are examined, it is
clear that dowry harassment, domestic abuse, cruelty, and marital rape are only
a few of the many offences that fall under the umbrella of matrimonial crimes.
There
are both parallels and divergences in the ways that “the Bharatiya Nyaya
Sanhita Act” and the IPC 1860 tackle marriage offences. While the Bharatiya
Nyaya Sanhita Act gives a more nuanced approach, especially with regard to
marriage conflicts and family problems, the IPC 1860 provides a larger
framework for criminal offences.
Nonetheless,
the frequency of marital crimes remains a major worry in Indian culture even
with the availability of legal protections. Legislators, decision-makers, and
the public at large must acknowledge the seriousness of these crimes and seek
to implement efficient systems of intervention, prevention, and reparation.
This might entail enacting stronger legislation, stepping up awareness
campaigns, improving victim support services, and making attempts to subvert
deeply ingrained societal norms and attitudes that encourage discrimination and
marital violence.
In
addition, maintaining the rights and dignity of every person within the
institution of marriage requires ensuring the fair and impartial implementation
of the law. In order to advance justice, equity, and accountability in
situations of marital crimes, a cooperative strategy including the judiciary,
law enforcement authorities, civil society organisations, and other
stakeholders is necessary.
In
summary, although the Bharatiya Nyaya Sanhita Act and the
IPC 1860 provide a platform for addressing marital crimes, it is
critical to acknowledge that legislative measures on their own are insufficient
to fully remove this intricate societal issue. A comprehensive strategy
incorporating legal, social, cultural, and educational interventions is
required to cultivate a community devoid of marital offences, where each person
can coexist in the institution of marriage with equality, respect, and dignity.
Article Information
MATRIMONIAL CRIMES AGAINST WOMEN: A STUDY WITH SPECIAL REFERENCE TO THE PROVISIONS UNDER BHARATIYA NYAYA SANHITA ACT, 2023.
Authors: SUMEDHA SINGH
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/12
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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