BNSS and Gender Justice: Special Provisions for Women and Children

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) marks a significant shift in India’s criminal law framework, replacing the colonial-era Code of Criminal Procedure, 1973 (CrPC). Envisioned as a step towards a more victim-centric, rights-based, and gender-sensitive criminal justice system, BNSS incorporates several provisions designed to safeguard the rights of women and children, who remain among the most vulnerable groups in society. The enactment of these provisions must be understood against the historical backdrop of gendered crimes in India, where social realities such as dowry harassment, sexual assault, domestic violence, and child exploitation have exposed the limitations of procedural safeguards under previous legislations. Landmark moments, including the Mathura custodial rape case, the Nirbhaya gang rape incident, and subsequent reforms like the Criminal Law (Amendment) Act, 2013, underscore the urgent need for systemic transformation.

This article employs a doctrinal and analytical methodology, critically examining statutory provisions of the BNSS alongside judicial pronouncements, constitutional principles, and policy reports. It interrogates how BNSS provisions concerning arrest, custody, recording of statements, trial procedures, bail conditions, and child protection measures align with the constitutional mandate of Articles 14, 15(3), and 21.

The findings reveal that while BNSS makes progressive strides—including safeguards for women during arrest and trial, recognition of child-friendly procedures, and reinforcement of protections against sexual offences—it also faces implementation challenges, infrastructural gaps, and questions of harmonization with special legislations such as the Protection of Children from Sexual Offences (POCSO) Act and the Juvenile Justice Act.