Serial Sexual Offences: A Comparative Analysis Of The Bharatiya Nyaya Sanhita (BNS) And The POCSO Act In Strengthening Child Protection Laws In India
- IJLLR Journal
- May 8
- 1 min read
Gowthaman N, Associate Professor, Dr Ambedkar Law College, Pudupakkam
ABSTRACT
Child sexual offences constitute a grave violation of fundamental rights, necessitating a stringent legal framework to ensure justice and protection for victims. Over the years, India has implemented various legislative measures to address these heinous crimes, beginning with the Indian Penal Code (IPC) and later incorporating the Protection of Children from Sexual Offences (POCSO) Act, 2012. The enactment of the Bharatiya Nyaya Sanhita (BNS), 2023, represents a significant reform in criminal law, introducing stringent provisions for serial sexual offenders. This paper critically analyzes the evolution of child sexual offence laws in India, focusing on key legislative advancements from IPC to BNS while assessing their comparative impact with POCSO. This study highlights the legal mechanisms addressing sexual crimes against children. The comparative analysis underscores the strengths and limitations of IPC, BNS, and POCSO in terms of sentencing, victim protection, evidentiary standards, and procedural safeguards. While BNS enhances punitive measures against repeat offenders, POCSO remains indispensable for child-specific protections. The study further examines judicial interpretations and landmark cases to assess the practical implications of these legislative provisions. Challenges in enforcement, gaps in victim rehabilitation, and the need for specialized legal frameworks are also discussed. The findings emphasize the necessity of integrating digital forensic advancements, strengthening investigative mechanisms, and ensuring swift judicial processes to combat emerging threats in child sexual abuse cases. This research contributes to the ongoing discourse on legal reforms by advocating for a harmonized approach that balances stringent penal provisions with comprehensive victim-centric support systems.
Keywords: Child Sexual Offences, Bharatiya Nyaya Sanhita, POCSO Act, Serial Sexual Offenders, Legal Reforms
