The Indian government has chosen to exclude Section 377 and Section 497 from the Bharatiya Nyaya Sanhita Bill, 2023, going against the recommendations of a parliamentary panel. This article discusses the implications of this decision and the panel’s suggestions for the gender-neutral prosecution of non-consensual sexual acts and the retention of adultery as a gender-neutral offense to protect the institution of marriage. It also highlights a new provision in the BNS Bill regarding punishment for revealing the identity of survivors of rape and sexual offenses during court proceedings.
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The government has decided to exclude Section 377 and Section 497 from the Bharatiya Nyaya (Second) Sanhita Bill, 2023, despite the recommendations of a parliamentary panel. The two sections have been read down by the Supreme Court. The BNS Bill, however, introduced a new section making the revealing of identity or information related to victims of rape and sexual offences punishable. The government has also accepted the standing committee’s recommendation on mob lynching punishment.
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Domain experts have urged the Indian government to consider abolishing the death penalty, citing global trends and research data. The parliamentary panel examining the Bharatiya Nyaya Sanhita Bill (BNS) has left the matter for the government’s decision. The experts highlighted the potential for errors in the judicial system and the need to prevent innocent people from being wrongly sentenced. They also mentioned the increasing global trend of abolishing the death penalty and referred to Supreme Court judgements distancing from capital punishment.
