Offences Against Women: IPC vs BNS Comparison | Adv. Sharma
Offences Against Women: A Comprehensive IPC & BNS Comparison (Rape, Sexual Assault, Outraging Modesty, Cruelty, and Related Crimes)
By Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
Powered by: TheLegalCourt.com | TheLegalBank.com
Introduction
Offences against women form one of the most sensitive and critical areas of criminal law. With the transition from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS) 2023, most core offences have been retained, but section numbers & terminology have changed.
These provisions are crucial for:
-
Legal professionals
-
Police & investigation teams
-
Corporate HR & compliance authorities
-
Safety departments
-
Hospitals & NGOs
-
Social sector professionals
-
Public institutions
This article provides a clear IPC–BNS comparison to help institutions adapt to the new law.
🌟 1. Rape – Definition & Ingredients
IPC Section 375 → BNS Clause 63
Definition (Short & Technical):
Sexual intercourse without:
✔ Free consent
✔ Against will
✔ Using force or threat
✔ Misconception of fact
✔ Consent obtained from minor
✔ Consent obtained by intoxication or unsoundness of mind
Key Ingredients:
-
Penetration (even slightest)
-
Absence of free, informed consent
-
Age of victim below 18 years = rape regardless of consent
Punishment:
| Law | Provision | Punishment |
|---|---|---|
| IPC | Section 376 | Severity-based (7 years to life) |
| BNS | Clause 64–65 | Retained with modern language |
✔ BNS enhances clarity but keeps same punishment scale.
🌟 2. Sexual Assault – New Terminology in BNS
IPC Section 354 → BNS Clause 73
Definition:
Assault or criminal force intended to outrage the modesty of a woman.
Examples include:
✔ Touching without consent
✔ Stalking
✔ Lewd physical gestures
✔ Sexual harassment
Punishment remains similar under BNS.
🌟 3. Voyeurism & Stalking
IPC Sections → BNS Clauses
| Offence | IPC Section | BNS Clause |
|---|---|---|
| Voyeurism | 354C | Clause 76 |
| Stalking | 354D | Clause 77 |
🌟 4. Cruelty by Husband or Relatives
IPC 498A → BNS Clause 85
Definition:
Any wilful conduct likely to cause:
✔ Grave injury
✔ Mental or physical harm
✔ Harassment for dowry
✔ Punishable with imprisonment + fine
✔ Cognizable & non-bailable (same under BNS)
🌟 5. Dowry Death
IPC Section 304B → BNS Clause 103(3)
Woman’s death within 7 years of marriage due to harassment for dowry = Dowry Death.
Presumption applies under Evidence Act.
🌟 6. Acid Attack
IPC Section → BNS Clause
| Offence | IPC | BNS |
|---|---|---|
| Acid Attack | 326A | Clause 109(3) |
| Attempt | 326B | Clause 109(4) |
Punishment:
✔ 10 years – life (same severity)
🌟 7. Kidnapping & Abduction of Women
| Offence | IPC Section | BNS Clause |
|---|---|---|
| Kidnapping Woman for Marriage | 366 | Clause 88 |
| Kidnapping Minor Girl | 363–366 | Clauses 85–90 |
🌟 8. IPC → BNS OFFICIAL REPLACEMENT TABLE (Most Important)
| IPC Section | Offence | BNS Clause | Notes |
|---|---|---|---|
| 375 | Rape | Clause 63 | Definition same |
| 376 | Punishment for Rape | Clauses 64–65 | Severity same |
| 354 | Outraging Modesty | Clause 73 | Same |
| 354A | Sexual Harassment | Clause 74 | Same |
| 354B | Disrobing Woman | Clause 75 | Same |
| 354C | Voyeurism | Clause 76 | Same |
| 354D | Stalking | Clause 77 | Same |
| 498A | Cruelty | Clause 85 | Same |
| 304B | Dowry Death | Clause 103(3) | Same |
| 326A/B | Acid Attack | Clause 109 | Same |
| 366 | Kidnapping Woman | Clause 88 | Same |
👉 Meaning unchanged; numbering updated.
🌟 9. Practical Legal Examples (Useful for Clients)
✔ Example 1 — Rape
Intercourse without free consent → Rape
✔ Example 2 — Outraging Modesty
Touching a woman without consent → 354 / 73
✔ Example 3 — Cruelty
Demanding dowry or causing mental torture → 498A / 85
✔ Example 4 — Voyeurism
Secretly recording a woman → 354C / 76
✔ Example 5 — Stalking
Repeatedly following a woman → 354D / 77
🌟 10. Corporate & HR Compliance Relevance
These offences are crucial for:
✔ POSH Act compliance
✔ Workplace harassment prevention
✔ Safety audits
✔ Employee behaviour codes
✔ HR disciplinary protocols
✔ Investigating misconduct
✔ Corporate reputation safeguarding
Every organization must align policies with BNS.
🟦 Conclusion
Offences against women are preserved under BNS with updated section numbers but identical legal principles. This ensures continuity in criminal prosecution, police investigation, corporate policies, and judicial interpretation.
Understanding IPC–BNS mapping is essential for legal practitioners, corporates, HR heads, police officials, and institutions working on women’s safety and justice.
Author
Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
Powered by: TheLegalCourt.com | TheLegalBank.com
