Rape, Consent, Gang Rape and Sexual Harassment under the Bharatiya Nyaya Sanhita, 2023: A Critical Analysis

The Bharatiya Nyaya Sanhita, 2023 (BNS), in force since 1 July 2024, re-enacts the Indian law of sexual offences in Chapter V, headed “Of Offences Against Woman and Child.” This article examines four linked topics within that chapter: the offence of rape, the statutory meaning of consent, gang rape, and sexual harassment. Using the doctrinal method, it reads Sections 63 to 75 of the Sanhita together with the corresponding provisions of the Indian Penal Code, 1860, decisions of the Supreme Court of India, and reports of expert bodies. The study finds that the BNS keeps the post-2013 definition of consent as an unequivocal, voluntary and act-specific agreement, adds a separate offence for sexual intercourse by deceitful means, and prescribes very heavy punishment for gang rape. It also finds lasting weaknesses: offences that protect only women, an exception that still leaves most marital rape outside the law, minimum sentences that restrict judicial discretion, and enforcement gaps that severity alone cannot close. The article ends with suggestions for gender-neutral drafting, reform of the marital exception, clearer guidance on deceit and consent, and stronger support for survivors.