“He”- A Victim of Gender Injustice in Bhartiya Nyaya Sanhita

A nation's laws can be divided broadly into two categories: private law and public law. The legitimacy of gender inequality has been called into question, and gender justice has been favoured by contemporary jurisprudence. The Human Rights Law is the most important component of contemporary jurisprudence that supports the concept of gender justice. This particular area of law views both men and women as having the right to fair and equal treatment as human beings. Its goal is to protect the notion of human dignity. The BNS currently primarily defines sexual offences in terms of a binary view of gender, barring males and non-binary people from its protection. This essay argues that gender neutrality must be adopted in order to have a legal system that is both inclusive and egalitarian. All people, regardless of gender identification, will get equal legal protection by gender-neutralising sexual offence laws. This article emphasizes the growing adoption of gender-neutral sexual offence laws in other nations, which is in line with international human rights norms, by drawing on global trends. This paper emphasizes the necessity and advantages of revising the BNS to reflect a more inclusive and just society by looking at case studies and legislation modifications.