New criminal bill in India defines harming woman's mental health as 'cruelty': Report

The Indian government has added two new sections in Bharatiya Nyaya Sanhita (BNS) that pertain towomen, reported Press Trust of India. The first section has deemed harming a woman's mental health as 'cruelty' while the second has prescribed jail term for anyone who reveals the identity of a sexual assault survivor without their permission.

The BNS is one of the three bills which seek to replace India's criminal laws, including Criminal Procedure Code (CrPC).

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Reportedly, the BNS largely retains provisions of the Indian Penal Code (IPC), but adds new offences and removes offences that have been struck down by Indian courts. The bill also seeks to increase penalties and punishments for several offences. The bill has been examined by the Standing Committee on Home Affairs.

Harming woman's mental health a 'cruelty'

PTI reported that Section 86 of the BNS now includes harming of a woman's mental health in the definition of 'cruelty'. In the former version of the bill, a jail term of three years was prescribed for a husband or the married woman' in-laws if they treat the woman cruelly.

The Section however, did not define what amounts to "cruel treatment", as reported by PTI , and this has now been added. The definition now has been significantly extended and considers the woman's mental health in addition to her physical well-being.

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The second addition to the BNS is about revealing a sexual assault survivor's identity. The bill now reportedly prescribes two-year jail sentence if anyone reveals the victim's identity from court proceedings without the victim's permission.

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The bills that seek to replace the previous criminal codes were introduced in Lok Sabha, the lower chamber of Parliament of India, on August 11. Other than the Bharatiya Nyaya Sanhita (BNS), the other bills were Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam bills.

These bills are aimed at replacing Code of Criminal Procedure Act (1898), the Indian Penal Code (1860) and the Indian Evidence Act (1872) respectively.

(With inputs from agencies)