Offences against children under BNS – All you need to know about it.

This Article is Written by Chaya Deepika Geeda, A student of SYMBIOSIS LAW SCHOOL HYDERABAD. The Author has explained thoroughly about the offences against children under Bharitya Nyay Sanhita (BNS) .

INTRODUCTION

Children are the foundation of any nation’s future, and ensuring their safety, well-being, and development is of paramount importance. However, children in India continue to face numerous threats, including sexual abuse, trafficking, forced labour, neglect, and cyber exploitation. Recognizing the need for a stronger legal framework, India has replaced the Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita (BNS), which modernizes and reinforces criminal laws, including those related to child protection.

The BNS introduces significant changes in the legal provisions concerning offences against children by incorporating stricter penalties and addressing contemporary challenges such as online crimes. While retaining key elements from the IPC, it strengthens laws against sexual offences, kidnapping, trafficking, child labour, and digital crimes targeting minors. The integration of child-friendly legal provisions and judicial interpretations further ensures better enforcement of these laws.

This article explores the offences against children under the BNS, comparing them with the IPC, examining major legal provisions and their implications, analysing judicial approaches through landmark cases, and identifying challenges in implementation. Finally, it discusses recommendations for improving child protection laws to create a safer and more just society for children in India.

DEFINITION AND LEGAL FRAMEWORK

The Bharatiya Nyaya Sanhita (BNS) is India’s newly enacted criminal code, replacing the Indian Penal Code (IPC) to modernize and reform the country’s legal system. The BNS aims to make laws more efficient, eliminate outdated provisions, and enhance penalties for various crimes, including those against children. This legal framework ensures stronger protections for minors, addressing issues such as sexual offences, trafficking, labour exploitation, abandonment, and online crimes.

Comparison Of IPC And BNS Provisions

While the IPC provided the foundation for criminal law in India, the BNS has introduced more detailed and stringent provisions to tackle child-related crimes effectively. Below is a comparative analysis of key sections under both laws:

OFFENCE	IPC Section	BNS Section	Key Differences
Rape of a Minor	Section 376	Section 63	Stricter penalties under BNS, mandatory life imprisonment or death penalty in aggravated cases
Child Trafficking	Section 370	Section 109	BNS broadens the scope to include newer forms of exploitation and increases punishment
Child Labor Exploitation	Section 374	Section 113	More severe penalties and rehabilitation provisions in BNS
Online Sexual Exploitation	No specific provision	Section 128	BNS explicitly criminalizes cyber offences against children, including child pornography and grooming
Abandonment & Neglect	Section 317	Section 117	BNS strengthens enforcement measures against parents, guardians, and institutions

The transition from IPC to BNS signifies a commitment to addressing emerging threats, ensuring a more child-centric approach to legal protection. The subsequent sections delve into specific offences against children and their legal implications under BNS.

MAJOR OFFENCES AGAINST CHILDREN UNDER BNS

a) Sexual Offences (Section 63, 64, 65, 66 BNS)

Sexual crimes against children remain a grave concern in India. BNS continues to work in conjunction with the Protection of Children from Sexual Offences (POCSO) Act, ensuring strict punishment for crimes such as rape (Section 63 BNS), sexual harassment (Section 64 BNS), and child sexual abuse. The legal provisions aim to deter perpetrators while providing justice and rehabilitation for victims.

b) Kidnapping and Trafficking (Section 109 BNS)

The BNS includes stringent provisions against child abduction and illegal trafficking, which are often linked to forced labour, prostitution, and organ trade. Under Section 109 of the BNS, trafficking of children is punishable with severe penalties, ensuring better enforcement and protection mechanisms. The law also covers cases of parental kidnapping and illegal adoptions.

c) Exploitation and Forced Labour (Section 113 BNS)

Child labour remains a persistent issue in India, with many children forced into hazardous work conditions. BNS provisions under Section 113 criminalize forced labour and bonded labour, reinforcing the ban on child labour in dangerous occupations and ensuring the rehabilitation of rescued children.

d) Abandonment and Neglect (Section 117 BNS)

Parental or institutional neglect of children is a serious offence under BNS. Section 117 penalizes guardians, caretakers, or institutions found guilty of abandoning or neglecting children, thereby endangering their lives. These provisions aim to ensure that every child receives proper care and protection.

e) Offences Related to Online Crimes (Section 128 BNS)

With the rise of digital crimes, BNS includes provisions addressing cyber exploitation, online harassment, and child pornography. Section 128 imposes stringent punishments on those engaging in child pornography and other forms of online sexual exploitation.

PUNISHMENTS AND LEGAL PROVISIONS

The Bharatiya Nyaya Sanhita (BNS) introduces stricter punishments for offences against children, enhancing the legal framework previously established under the Indian Penal Code (IPC). The primary objective of these revisions is to deter crimes against minors by imposing harsher penalties and addressing emerging threats, particularly in areas such as cyber exploitation.

Under BNS, sexual offences against children have been met with significantly increased penalties. For instance, rape of a minor under 16 years (Section 63 of BNS, previously Section 376 of IPC) now carries a minimum punishment of 20 years imprisonment, extending to life imprisonment or even the death penalty in aggravated cases. Similarly, aggravated sexual assault of a child under Section 64 of BNS, which aligns with IPC’s Section 376AB, prescribes life imprisonment or capital punishment, reflecting a stringent stance against heinous crimes.

In cases of child trafficking, BNS (Section 109) has broadened the scope of offences covered under IPC (Section 370) and increased penalties, mandating imprisonment ranging from 10 years to life, ensuring stricter enforcement. Likewise, child labour exploitation, previously addressed under IPC’s Section 374, now falls under BNS Section 113, which imposes a minimum of three years and up to ten years of imprisonment, along with a fine, ensuring better deterrence and child welfare.

A crucial addition in BNS is its specific provisions against cyber exploitation and online crimes targeting children. Unlike IPC, which lacked a dedicated provision, BNS Section 128 explicitly criminalizes child pornography, cyber grooming, and online abuse, prescribing imprisonment of five to ten years along with a heavy fine. This addresses the growing concerns of digital exploitation of minors.

Another significant improvement in BNS is the enhanced penalties for child abandonment and neglect. Under Section 117, which replaces IPC Section 317, parents, guardians, and institutions found guilty of such offences can face seven to ten years of imprisonment, ensuring greater accountability and better protection for vulnerable children.

The shift from IPC to BNS signifies India’s commitment to child protection through a more stringent legal framework. By introducing higher minimum sentences, explicit cybercrime laws, and mandatory penalties, BNS strengthens the legal mechanisms safeguarding children from abuse, exploitation, and neglect. However, despite these advancements, challenges in implementation remain, requiring robust enforcement, better reporting mechanisms, and judicial efficiency, which will be explored in the following section.

CHALLENGES IN IMPLEMENTATION

While the Bharatiya Nyaya Sanhita (BNS) introduces stricter punishments and comprehensive legal provisions to protect children from various offences, its effective implementation remains a significant challenge. Several systemic, procedural, and societal barriers hinder the proper enforcement of these laws, leading to delays in justice and inadequate protection for child victims.

One of the major challenges is the underreporting of child offences. Many cases of sexual abuse, trafficking, and child labour go unreported due to fear, social stigma, and lack of awareness. Victims, particularly minors, often hesitate to come forward due to threats from perpetrators or lack of support from family and society. Additionally, in rural areas, low literacy rates and socio-economic factors further discourage victims from seeking legal recourse.

Another critical issue is the slow judicial process and low conviction rates. Despite stringent laws, prolonged trials, lack of forensic evidence, and delays in investigations weaken cases, leading to acquittals. The conviction rate for crimes against children remains alarmingly low, largely due to poor coordination between law enforcement agencies, prosecutors, and child welfare institutions. Overburdened courts and insufficient fast-track courts for child-related offences further delay justice, causing additional trauma for victims.

Enforcement agencies also face operational and structural challenges in implementing BNS provisions effectively. Police personnel often lack specialized training in handling sensitive child-related cases, leading to mishandling of evidence, improper filing of charges, and failure to provide a child-friendly approach during investigations. Furthermore, corruption and political influence sometimes lead to manipulation of cases, allowing perpetrators to evade punishment.

The absence of strong rehabilitation and victim support mechanisms is another concern. While BNS prescribes stricter punishments for offenders, it lacks robust provisions for the rehabilitation and reintegration of child victims. Many rescued children fail to receive adequate psychological counselling, education, or vocational training, making them vulnerable to re-victimization and exploitation. The shortage of well-equipped child care institutions and inconsistent implementation of victim compensation schemes further exacerbate their suffering.

Additionally, cybercrimes against children pose a new challenge that traditional law enforcement mechanisms are not well-equipped to handle. Despite BNS introducing specific provisions against online sexual exploitation, child pornography, and cyber grooming, the lack of trained cybercrime investigators and digital forensics infrastructure makes detection and prosecution difficult. The borderless nature of cybercrimes also complicates jurisdictional issues, requiring better international cooperation and digital surveillance measures.

To address these challenges, there is a need for better training of law enforcement officers, faster judicial processes, improved victim support mechanisms, and stronger public awareness campaigns. Strict implementation of child protection laws, along with multi-agency coordination involving police, judiciary, NGOs, and social workers, is crucial for ensuring the safety and well-being of children in India.

JUDICIAL APPROACH AND LANDMARK CASES

The judiciary plays a crucial role in interpreting and enforcing child protection laws, ensuring that legislative intent is upheld and justice is served. Over the years, Indian courts have delivered several landmark judgments that have shaped the legal landscape concerning offences against children, influencing both policy changes and legal reforms. The Bharatiya Nyaya Sanhita (BNS), while introducing updated provisions, continues to rely on these judicial precedents to strengthen child protection laws.

The Supreme Court and High Courts in India have consistently emphasized a child-centric approach in handling cases related to sexual offences, trafficking, child labor, abandonment, and cybercrimes. The judiciary has reinforced the following principles:

1. Stringent Punishment for Heinous Crimes – Courts have upheld maximum punishments for child rape, sexual abuse, and trafficking, emphasizing deterrence.
2. Child-Friendly Procedures – Judicial guidelines ensure that child victims receive a sensitive and protective environment during trials, minimizing trauma.
3. Expanded Scope of Offences – Courts have broadly interpreted laws to include newer forms of exploitation, such as cybercrime and digital abuse.
4. Rehabilitation and Compensation – In various judgments, courts have directed the government to ensure compensation and rehabilitation for child victims, beyond just punishing offenders.

LANDMARK CASES ON OFFENCES AGAINST CHILDREN

1. Mukesh & Anr. v. State for NCT of Delhi (2017) – Nirbhaya Case
   • This case reinforced harsh punishments for sexual offences, including death penalty for brutal rape. The judgment influenced stricter laws under BNS, ensuring severe penalties for child rape (Section 63).
2. Bachpan Bachao Andolan v. Union of India (2011) – Child Trafficking and Bonded Labor
   • The Supreme Court issued directives to combat child trafficking, emphasizing strict enforcement of labor laws and rehabilitation measures. BNS (Section 109) strengthens these provisions by increasing punishment for trafficking.
3. Independent Thought v. Union of India (2017) – Marital Rape of a Minor
   • The Supreme Court criminalized marital rape involving minors, ruling that sexual intercourse with a minor wife is rape, even if within marriage. This judgment strengthened legal protections for girl children under BNS.
4. Shreya Singhal v. Union of India (2015) – Online Exploitation and Free Speech
   • This case addressed cyber regulations and online child abuse, influencing provisions under BNS Section 128, which criminalizes online sexual exploitation, child pornography, and cyber grooming.
5. Sampurna Behura v. Union of India (2018) – Child Welfare and Protection Laws
   • The Supreme Court directed the effective implementation of the Juvenile Justice Act, ensuring better monitoring of child care institutions and stronger protection mechanisms for abandoned or neglected children.

These landmark rulings have significantly shaped the evolution of child protection laws in India. By reinforcing stringent punishment, rehabilitation measures, and procedural safeguards, the judiciary continues to play a pivotal role in ensuring justice for child victims under the new legal framework of BNS.

SUGGESTIONS FOR STRENGTHENING CHILD PROTECTION LAWS

The Bharatiya Nyaya Sanhita (BNS) introduces stricter legal provisions to combat offences against children. However, challenges in implementation, low conviction rates, and lack of proper victim rehabilitation necessitate further strengthening of child protection mechanisms. A multi-dimensional approach involving law enforcement agencies, the judiciary, government bodies, NGOs, and the community is essential for ensuring effective child protection.

Enhancing Law Enforcement and Judicial Processes

One of the primary challenges in child protection is the delayed judicial process and inadequate law enforcement. The government should establish fast-track courts for child-related offences to ensure speedy trials and timely justice. Additionally, police officers and investigators should undergo specialized training in handling child victims sensitively, ensuring proper forensic evidence collection, and maintaining child-friendly investigation procedures. Moreover, strict implementation of cyber laws is crucial to address the rising cases of online child exploitation. Law enforcement agencies must be equipped with advanced digital forensic tools to track offenders effectively.

Strengthening Victim Support and Rehabilitation

Merely punishing offenders is not enough; child victims require extensive support and rehabilitation to recover from trauma. The government should implement comprehensive rehabilitation programs, including psychological counseling, medical assistance, educational support, and vocational training. Establishing a national child victim compensation fund can provide financial aid and long-term support to affected children. Furthermore, child protection committees at local levels should be strengthened to identify vulnerable children early and intervene effectively.

Closing Legal Loopholes and Strengthening Provisions

Despite significant legal advancements, some areas require further strengthening. While marital rape involving minors has been criminalized, BNS should explicitly include marital rape of minors as a standalone offence to remove any legal ambiguities. Child adoption and care institutions also require stricter monitoring and regulation to prevent child trafficking and illegal adoption practices. Additionally, cyber laws need continuous updates to tackle emerging threats such as AI-generated child exploitation content and deepfake abuse targeting minors.

Increasing Public Awareness and Community Participation

Public awareness is a crucial aspect of preventing child offences. The government, along with NGOs, should conduct mass awareness campaigns to educate parents, teachers, and children about child rights, online safety, and reporting mechanisms. Schools should introduce mandatory personal safety programs, including digital literacy and awareness on abuse prevention, empowering children to identify and report potential threats. Additionally, strong whistleblower protection laws should be enforced to encourage individuals to report child abuse cases without fear of retaliation.

Offences against children under BNS- Easy and detailed explanationImproving Inter-Agency Coordination and Policy Implementation

For effective child protection, better coordination between law enforcement agencies, the judiciary, and child welfare organizations is essential. A centralized system should be established for tracking child-related cases, monitoring trials, and ensuring accountability. Additionally, the government must regularly review child protection laws, identify gaps, and introduce necessary amendments to strengthen legal provisions under BNS. Encouraging community-based child protection networks, involving local organizations, social workers, and law enforcement agencies, can create an early-warning system to identify at-risk children and prevent abuse.

CONCLUSION

The protection of children is not just a legal obligation but a fundamental moral responsibility of society. The Bharatiya Nyaya Sanhita (BNS) has introduced stricter provisions and modernized legal frameworks to address the evolving threats against children, ranging from sexual offences and trafficking to cyber exploitation and neglect. While these legal reforms mark a significant step forward, the real challenge lies in their effective implementation.

Ensuring justice for child victims requires efficient law enforcement, fast-track judicial processes, strict cybercrime regulations, and comprehensive rehabilitation programs. Strengthening victim support mechanisms, improving public awareness, and fostering community participation are equally essential to prevent crimes against children.

Additionally, inter-agency collaboration between law enforcement, judiciary, and child welfare organizations must be enhanced to ensure timely intervention and justice delivery.

Ultimately, the success of child protection laws depends on society’s collective commitment to safeguarding children’s rights. Stricter laws must be complemented with proactive governance, stronger enforcement, and greater societal awareness. By addressing the gaps in enforcement, improving victim support systems, and fostering a culture of zero tolerance for crimes against children, India can build a safer and more just environment where every child can thrive without fear or exploitation.