The Imperative of Gender Neutrality in the Bharatiya Nyaya Sanhita, 2023 and a Global Comparative Examination of Gender-Neutral Laws in Sexual Offences

Abstract India has introduced the Bharatiya Nyaya Sanhita, 2023 (herein referred to as B.N.S) which replaces the 163-year-old Indian Penal Code of 1860. While the Act looked promising on paper it lacks gender-neutrality and protection for men and transgender persons with respect to sexual offenses. Interestingly, the newly introduced B.N.S 2023, is supposed to overcome the loopholes of the previous penal laws. However, it falls short of producing the desired outcomes in the Indian legal system. The objective of this paper is to determine the need for a gender-neutral law and to recognize male rape victims, including transgender persons (herein referred to as vulnerable groups). This paper is primarily divided into two segments. The first segment deals with the reported cases of sexual assaults on males and vulnerable groups. The second segment deals with the reasons male rape victims may choose to remain silent on such non-consensual sexual encounters by females or by another male and global comparative analysis of laws from countries where there exist gender-neutral laws on sexual offences.