Women And Children Relating Criminal Law Reforms In India
- IJLLR Journal
- Oct 3
- 1 min read
Dr. Gowthaman N, Associate Professor, (Crime and Tort) in Chennai Dr Ambedkar Law College, Pudupakkam.
ABSTRACT
The criminal justice system in India has undergone significant transformation with the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replacing the colonial-era Indian Penal Code, 1860 and Code of Criminal Procedure,1973. These reforms aim to create a victim-centric, technology- driven, and efficient justice delivery system, with particular emphasis on the rights and protection of women and children, who remain among the most vulnerable groups in Indian society. The paper critically examines the historical background of criminal law reforms, their constitutional foundations, and India’s international obligations in safeguarding women and children from violence, exploitation, and abuse. The women-centric reforms such as mandatory recording of victim statements by the women magistrates, provisions for zero FIR and e-FIR, and enhanced safeguards for victims of sexual offences. Similarly, child-centric reforms under the BNS consolidate and strengthen provisions against child exploitation, trafficking, and sexual violence while prescribing stringent punishments. A comparative analysis between the IPC/CRC and BNS/BNSS highlights the progressive steps taken, including gender-neutral definitions of certain crimes, though challenges remain in harmonizing personal laws and ensuring practical enforcement. While these reforms mark a decisive break from colonial frameworks/shadow of colonial frameworks, their effectiveness depends on robust implementation, infrastructural preparedness, and consistent judicial interpretation. The reforms represent a shift towards restorative justice, privacy of victim, prioritizing dignity, safety, and empowerment of women and children within India’s evolving criminal jurisprudence in the present age.
Keywords: Women’s Rights, Child Protection, Bharatiya Nyaya Sanhita, Criminal Law Reform, Victim-Centric Justice
