Modern Laws, Fair Process

Divorce and Criminal Offences Under the New Bharatiya Nyaya Sanhita 2023

The Bharatiya Nyaya Sanhita 2023 (BNS) has introduced significant changes to the legal framework governing divorce and related criminal offences. This modernized code aims to streamline the process of divorce, address issues of domestic violence, and ensure the protection of individuals involved in marital disputes.

Divorce Under BNS 2023

Divorce laws under BNS 2023 are designed to simplify and expedite the process while ensuring fairness and protection for both parties.

Grounds for Divorce

• Mutual Consent: Both parties agree to dissolve the marriage amicably.
• Irretrievable Breakdown: The marriage has broken down to such an extent that it cannot be repaired.
• Adultery: One spouse has engaged in extramarital affairs.
• Cruelty: Physical or mental harm inflicted by one spouse on the other.
• Desertion: One spouse abandons the other without reasonable cause for a specified period.
• Conversion: One spouse converts to another religion.
• Mental Disorder: If one spouse suffers from a mental disorder making it unreasonable to expect the other spouse to continue the marriage.
• Communicable Disease: If one spouse is suffering from a severe communicable disease.

Criminal Offences Related to Divorce

BNS 2023 addresses several criminal offences that may arise in the context of divorce, ensuring that victims are protected and offenders are punished appropriately.

Domestic Violence (Section 498A)

• Definition: Any act of physical, emotional, or psychological abuse by a husband or his relatives against a wife.
• Punishment: Imprisonment of up to three years and a fine.

Dowry Harassment (Section 498B)

• Definition: Any form of harassment or coercion to compel the giving or receiving of dowry before or after marriage.
• Punishment: Imprisonment of up to five years and a fine.

Marital Rape (Section 375)

• Definition: Non-consensual sexual intercourse by a husband with his wife.
• Punishment: Rigorous imprisonment of not less than ten years, which may extend to life imprisonment, along with a fine.

Bigamy (Section 494)

• Definition: Marrying another person while the first marriage is still subsisting.
• Punishment: Imprisonment of up to seven years and a fine.

Adultery (Section 497)

• Definition: Voluntary sexual intercourse by a married person with someone who is not their spouse.
• Punishment: Though decriminalized in general law, adultery remains a ground for divorce and civil action.

Fast-Track Trials for Marital Disputes

To ensure timely resolution of marital disputes, the BNS 2023 mandates the establishment of fast-track courts. These courts prioritize cases involving divorce and related criminal offences, reducing the time taken for adjudication and providing quicker relief to affected parties.

Protection Measures for Victims

The BNS 2023 includes several measures to protect individuals involved in marital disputes:

• Restraining Orders: Courts can issue restraining orders to prevent the accused from contacting or approaching the victim.
• Shelters and Support Services: Provision of temporary shelters and support services for victims of domestic violence.
• Counseling Services: Access to psychological counseling to help victims cope with trauma and emotional distress.
• Legal Aid: Free legal aid to ensure that victims can pursue their cases without financial constraints.

Ensuring Justice and Protection

The BNS 2023's comprehensive approach to divorce and related criminal offences aims to create a fair and just legal system that protects the rights and dignity of individuals. By addressing the complexities of marital disputes and ensuring swift justice, the new code fosters a more equitable society.

Conclusion

The Bharatiya Nyaya Sanhita 2023 marks a significant advancement in the legal framework governing divorce and marital offences in India. With its emphasis on clarity, efficiency, and victim protection, the new code ensures that justice is both accessible and effective. This reform highlights India's commitment to safeguarding the rights of individuals within the institution of marriage and promoting a just society.

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