Abstract

The Bhartiya Nyaya Sanhita 2023 marks a significant overhaul of India’s criminal justice system, with a focus on strengthening provisions related to women's rights and sexual offenses, particularly rape. This paper analyzes the coherence of the new law with existing legal frameworks, such as the Indian Penal Code (IPC) and the Criminal Law (Amendment) Act of 2013, in addressing issues of sexual violence. The paper highlights key provisions of the Bhartiya Nyaya Sanhita 2023 aimed at redefining consent, enhancing punishments, and offering better protection for survivors during legal proceedings. Additionally, the paper examines the challenges in implementing these provisions, such as gaps in victim protection, slow judicial processes, and societal resistance. By reviewing recent legal precedents, including the Nirbhaya case, and analyzing real-world challenges in prosecuting rape cases, this paper provides a comprehensive overview of the evolving legal landscape concerning sexual violence in India. The findings suggest that while the Bhartiya Nyaya Sanhita 2023 holds promise for improving the legal response to rape, significant challenges remain in ensuring its effective implementation. The paper concludes with recommendations for further strengthening legal and institutional frameworks to guarantee timely and equitable justice for survivors of sexual violence.

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