Nitish Banka

    • The effect of BNS Bhartiya Nyay Sanhita on matrimonial disputes

    The new laws—BNS, BSS,  and BNSS—were enacted and came into force on July 1, 2024. It is pertinent to mention that these laws will significantly affect the implementation of matrimonial disputes currently ongoing or to be filed in the future. The amended laws have a profound impact on the matrimonial procedures adopted by the courts.

    This article will discuss in detail the changes and impact on matrimonial laws, particularly how the new laws influence the current situation in matrimonial procedures. The BNS, for instance, replaces certain penal provisions of the IPC. Notably,

    Section 498a, which deals with cruelty against women, is replaced by sections 85 and 86 of the BNS. The explanation part previously under Section 498a is now covered by Section 86.”

    AspectSection 498A IPCSection 85 BNSSection 86 BNS
    JurisdictionIndiaIndiaIndia
    Legal ProvisionIndian Penal Code, 1860Bhartiya Nyay Sashinta ActBhartiya Nyay Sashinta Act
    Nature of OffenseCriminal OffenseCriminal OffenseCriminal Offense
    Subject MatterCruelty by husband or his relativesCruelty by husband or his relativesExplanation of cruelty
    DefinitionPhysical or mental cruelty to the wifePhysical or mental cruelty to the wifeIncludes harassment for dowry and causing mental
    PunishmentImprisonment up to 3 years and fineImprisonment up to 3 years and fineFine and additional imprisonment if necessary
    ExplanationIncluded within the sectionMoved to Section 86Defines cruelty, includes harassment for dowry
    FocusProtection of women from domestic violenceProtection of women from domestic violenceDetailed explanation of what constitutes cruelty
    ObjectiveTo prevent cruelty to married womenTo prevent cruelty to married womenTo provide a clear explanation of cruelty
    EnforcementPolice and judicial systemPolice and judicial systemPolice and judicial system

    Section 406 of IPC which relates to misappropriation of streedhan is now 316 the punishment has been increased in this section

       AspectSection 406 IPCSection 316 BNS
    JurisdictionIndiaIndia
    Legal ProvisionIndian Penal Code, 1860Bhartiya Nyay Sashinta Act
    Nature of OffenseCriminal OffenseCriminal Offense
    Subject MatterCriminal breach of trustCriminal breach of trust
    DefinitionDishonest misappropriation or conversion of property entrusted to someoneSimilar to IPC 406
    PunishmentImprisonment up to 3 years, or with fine, or with bothImprisonment up to 5 years, or with fine, or with both
    ExplanationIncluded within the sectionIncluded within the section
    FocusProtection of property rightsProtection of property rights
    ObjectiveTo punish breach of trustTo punish breach of trust
    EnforcementPolice and judicial systemPolice and judicial system


    The section defamation section 500 IPC is now section 356 of BNS Punishment of community service as alternative is included

    AspectSection 500 IPCSection 356 BNS
    JurisdictionIndiaIndia
    Legal ProvisionIndian Penal Code, 1860Bhartiya Nyay Sashinta Act
    Nature of OffenseCriminal OffenseCriminal Offense
    Subject MatterDefamationDefamation
    DefinitionWhoever defames another personWhoever defames another person
    PunishmentImprisonment up to 2 years, or with fine, or with bothImprisonment up to 2 years, or with fine, or with both or community service
    ExplanationIncluded within the sectionIncluded within the section
    FocusProtection of individual reputationProtection of individual reputation
    ObjectiveTo penalize acts of defamationTo penalize acts of defamation
    EnforcementPolice and judicial systemPolice and judicial system

    The section Rape 375/376 IPC  is 63/64 BNS The minimum punishment increased to 10 years.

    AspectSections 375/376 IPCSections 63/64 BNS
    JurisdictionIndiaIndia
    Legal ProvisionIndian Penal Code, 1860Bhartiya Nyay Sashinta Act
    Nature of OffenseCriminal OffenseCriminal Offense
    Subject MatterRapeRape
    DefinitionSection 375 defines rape; Section 376 prescribes punishment for rapeSection 63 defines rape; Section 64 prescribes punishment for rape
    Definition of RapeInvolves non-consensual intercourse under specified circumstancesInvolves non-consensual intercourse under specified circumstances
    PunishmentSection 376: Rigorous imprisonment not less than 7 years, may extend to life imprisonment or death, and fineSection 64: Rigorous imprisonment not less than 10 years, may extend to life imprisonment or death, and fine
    Aggravated CircumstancesIncludes custodial rape, rape on minor, gang rape, etc.Includes custodial rape, rape on minor, gang rape, etc.
    ExplanationIncluded within the sectionsIncluded within the sections
    FocusProtection of individuals from sexual violenceProtection of individuals from sexual violence
    ObjectiveTo penalize acts of rape and provide justice to victimsTo penalize acts of rape and provide justice to victims
    EnforcementPolice and judicial systemPolice and judicial system

    Molestation section was 354 A B C D in IPC which is nor section 74 to 78 of BNS

    AspectSections 354A-D IPCSections 74-78 BNS
    JurisdictionIndiaIndia
    Legal ProvisionIndian Penal Code, 1860Bhartiya Nyay Sashinta Act
    Nature of OffenseCriminal OffenseCriminal Offense
    Subject MatterMolestation and sexual harassmentMolestation and sexual harassment
    Sections Defined– Section 354A: Sexual harassment and punishment for sexual harassment– Section 74: Sexual harassment and punishment for sexual harassment
    – Section 354B: Assault or use of criminal force against a woman with intent to disrobe– Section 75: Assault or use of criminal force against a woman with intent to disrobe
    – Section 354C: Voyeurism (capturing the image of a woman engaging in a private act)– Section 76: Voyeurism (capturing the image of a woman engaging in a private act)
    – Section 354D: Stalking (following a woman and contacting, or attempting to contact her despite clear indication of disinterest)– Section 77: Stalking (following a woman and contacting, or attempting to contact her despite clear indication of disinterest)
    PunishmentVaries from imprisonment up to 3 years and fine (for 354A) to more severe penalties for other sections Similar range of punishments as IPC, depending on the severity and circumstances 1 to 7 years
    ExplanationIncluded within the sectionsIncluded within the sections
    FocusProtection of women from sexual harassment and molestationProtection of women from sexual harassment and molestation
    ObjectiveTo prevent and punish acts of sexual harassment and molestationTo prevent and punish acts of sexual harassment and molestation
    EnforcementPolice and judicial systemPolice and judicial system

    Section 377 which is widely misused by wife side is deleted

    Other important sections

    False evidence which was section 191 IPC is 221 onwards, Bigamy section 494 replaced by Section 82.

    Section 323 IPC is 115(2), BNS  fine increased to Rs. 10000 instead of 1000 and 325 IPCis 117(2) BNS

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    Adv. Nitish Banka

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