BULANDSHAHR HORROR: DALIT GIRL GANG-RAPED

In a small village in Uttar Pradesh, a tragic incident has shaken the community.

A 10-year-old Dalit girl, full of dreams and innocence, became the victim of a horrific crime. The accused, a 57-year-old government official, allegedly subjected her to unspeakable abuse, including rape and an outrageous act of bestiality. This heart- wrenching case has left the entire nation in shock and mourning.”

What does justice look like in this new era? How does the newly enacted Bharatiya Nyaya Sanhita effective from 1 july 2024, or BNS, change the landscape of criminal law in India?”

Under the Bharatiya Nyaya Sanhita, rape is defined as non-consensual sexual intercourse with anyone, regardless of gender. The BNS introduces a more inclusive approach, making sexual offenses gender-neutral for both victims and perpetrators. This is a stark contrast to the outdated IPC provisions.”

The Indian Penal Code, dating back to the British era, had distinct and often restrictive definitions. For instance:

  • Section 366A of the IPC criminalized the procurement of minor girls, while the BNS replaces ‘minor girl’ with ‘child’ to include both boys and girls under 18.
  • Section 366B of the IPC dealt with the importation of girls; the BNS now includes both boys and girls in its provisions under Clause 141, reflecting a broader
  • The BNS also introduces a new chapter specifically for ‘Offences Against Women and Children,’ whereas similar offenses were previously categorized under ‘Offences Affecting the Human Body’ in the IPC.”
  • “The BNS also reformulates the punishment for rape. Under Clause 64, offenders can face 10 years to life imprisonment, with Clause 70(2) adding a new offense for gang rape of minors under This new law merges existing IPC sections and emphasizes a harsher approach for gang rape.”

As we reflect on the heart-wrenching case of the young Dalit girl, we see that the BNS represents a critical shift towards justice and protection.

By aligning with contemporary needs and addressing gender neutrality, it strives to prevent such tragedies and offer a more humane and comprehensive legal framework.” “The enactment of the BNS is a step towards a future where every victim’s voice is heard and every criminal held accountable. As we move forward, let us remember that justice is not just a legal term but a promise to protect the most vulnerable among us.”