Bharatiya Nyaya Sanhita, 2023
Women & children
Search sections and compare offence classifications.
All offences
45 entries · In section order
| Section | Offence | Punishment | Bail status | Arrest classification | Trial court |
|---|---|---|---|---|---|
Rape. |
Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life, and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Rape by a police officer or a public servant or member of armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or women's or children's institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped. |
Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Persons committing offence of rape on a woman under sixteen years of age. |
Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Persons committing offence of rape on a woman under twelve years of age. |
Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine or death. |
Non-bailable |
Cognizable |
Court of Session. |
|
Person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state. |
Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life or death. |
Non-bailable |
Cognizable |
Court of Session. |
|
Sexual intercourse by husband upon his wife during separation. |
Imprisonment for not less than 2 years but which may extend to 7 years and fine. |
Bailable |
Cognizable (only on the complaint of the victim). |
Court of Session. |
|
Sexual intercourse by a person in authority, etc. |
Rigorous imprisonment for not less than 5 years, but which may extend to 10 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Sexual intercourse by employing deceitful means, etc. |
Imprisonment which may extend to 10 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Gang rape. |
Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Gang rape on a woman under eighteen years of age. |
Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine or with death. |
Non-bailable |
Cognizable |
Court of Session. |
|
Repeat offenders. |
Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life or with death. |
Non-bailable |
Cognizable |
Court of Session. |
|
Disclosure of identity of the victim of certain offences, etc. |
Imprisonment for 2 years and fine. |
Bailable |
Cognizable |
Any Magistrate. |
|
Printing or publication of a proceeding without prior permission of court. |
Imprisonment for 2 years and fine. |
Bailable |
Cognizable |
Any Magistrate. |
|
Assault or use of criminal force to woman with intent to outrage her modesty. |
Imprisonment for 1 year which may extend to 5 years and fine. |
Non-bailable |
Cognizable |
Any Magistrate. |
|
Sexual harassment and punishment for sexual harassment specified in clause (i) or clause (ii) or clause (iii) of sub-section (1). |
Rigorous imprisonment with 3 years, or fine, or both. |
Non-bailable |
Cognizable |
Court of Session. |
|
Sexual harassment and punishment for sexual harassment specified in clause (iv) of sub-section (1). |
Imprisonment for 1 year, or fine, or both. |
Non-bailable |
Cognizable |
Court of Session. |
|
Assault or use of criminal force to woman with intent to disrobe. |
Imprisonment for not less than 3 years but which may extend to 7 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Voyeurism. |
Imprisonment for not less than 1 year but which may extend to 3 years and fine. |
Bailable |
Cognizable |
Court of Session. |
|
Section 77Entry 2 |
Second or subsequent conviction. Read with Section 77Voyeurism. |
Imprisonment for not less than 3 years but which may extend to 7 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |
Stalking. |
Imprisonment up to 3 years and fine. |
Bailable |
Cognizable |
Any Magistrate. |
|
Section 78(2)Entry 2 |
Second or subsequent conviction. Read with Section 78(2)Stalking. |
Imprisonment up to 5 years and fine. |
Non-bailable |
Cognizable |
Any Magistrate. |
Uttering any word or making any gesture intended to insult the modesty of a woman, etc. |
Simple imprisonment for 3 years and fine. |
Bailable |
Cognizable |
Any Magistrate. |
|
Dowry death. |
Imprisonment for not less than 7 years but which may extend to imprisonment for life. |
Non-bailable |
Cognizable |
Court of Session. |
|
A man by deceit causing a woman not lawfully married to him to believe, that she is lawfully married to him and to cohabit with him in that belief. |
Imprisonment for 10 years and fine. |
Non-bailable |
Non-cognizable |
Magistrate of the first class. |
|
Marrying again during the life time of a husband or wife. |
Imprisonment for 7 years and fine. |
Bailable |
Non-cognizable |
Magistrate of the first class. |
|
Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted. Read together with the other entries in Section 82. |
Imprisonment for 10 years and fine. |
Bailable |
Non-cognizable |
Magistrate of the first class. |
|
A person with fraudulent intention going through the ceremony of being married, knowing that he is not thereby lawfully married. |
Imprisonment up to 7 years and fine. |
Non-bailable |
Non-cognizable |
Magistrate of the first class. |
|
Enticing or taking away or detaining with a criminal intent a married woman. |
Imprisonment for 2 years, or fine, or both. |
Bailable |
Non-cognizable |
Any Magistrate. |
|
Punishment for subjecting a married woman to cruelty. |
Imprisonment for 3 years and fine. |
Non-bailable |
Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf. |
Magistrate of the first class. |
|
Kidnapping, abducting or inducing woman to compel her marriage, etc. |
Imprisonment for 10 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Causing miscarriage. |
Imprisonment for 3 years, or fine, or both. |
Bailable |
Non-cognizable |
Magistrate of the first class. |
|
Section 88Entry 2 |
If the woman be quick with child. Read with Section 88Causing miscarriage. |
Imprisonment for 7 years and fine. |
Bailable |
Non-cognizable |
Magistrate of the first class. |
Causing miscarriage without women's consent. |
Imprisonment for life, or imprisonment for 10 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Death caused by an act done with intent to cause miscarriage. |
Imprisonment for 10 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
If act done without women's consent. Read together with the other entries in Section 90. |
Imprisonment for life, or as above. |
Non-bailable |
Cognizable |
Court of Session. |
|
Act done with intent to prevent a child being born alive, or to cause it to die after its birth. |
Imprisonment for 10 years, or fine, or both. |
Non-bailable |
Cognizable |
Court of Session. |
|
Causing death of a quick unborn child by an act amounting to culpable homicide. |
Imprisonment for 10 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Exposure of a child under 12 years of age by parent or person having care of it with intention of wholly abandoning it. |
Imprisonment for 7 years, or fine, or both. |
Bailable |
Cognizable |
Magistrate of the first class. |
|
Concealment of birth by secret disposal of dead body. |
Imprisonment for 2 years, or fine, or both. |
Bailable |
Cognizable |
Magistrate of the first class. |
|
Hiring, employing or engaging a child to commit an offence. |
Imprisonment for not less than 3 years but which may extend to 10 years and fine. |
Non-bailable |
Cognizable |
Magistrate of the first class. |
|
Section 95Entry 2 |
If offence be committed. Read with Section 95Hiring, employing or engaging a child to commit an offence. |
Same as for the offence committed. |
Non-bailable |
Cognizable |
Court by which offence committed is triable. |
Procuration of child. |
Imprisonment for 10 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Kidnapping or abducting a child under ten years with intent to steal from its person. |
Imprisonment for 7 years and fine. |
Non-bailable |
Cognizable |
Magistrate of the first class. |
|
Selling child for purposes of prostitution, etc. |
Imprisonment for 10 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |
|
Buying child for purposes of prostitution, etc. |
Imprisonment for not less than 7 years but which may extend to 14 years and fine. |
Non-bailable |
Cognizable |
Court of Session. |