Maharashtra Strengthens Legal Shield for Women with Key BNS Amendments
In a significant move to bolster women's safety, the Maharashtra legislative council has unanimously approved crucial amendments to the Bharatiya Nyaya Sanhita (BNS). The newly passed Bharatiya Nyaya Sanhita (Maharashtra Amendment) Bill 2026 introduces two pivotal provisions: stringent protection for the identities of acid attack victims and mandatory jail terms for perpetrators of online sexual harassment.
Legislative Journey and Committee Review
Chief Minister Devendra Fadnavis, who also oversees the Home department, detailed the bill's evolution in the council. He recalled that the original Shakti Criminal Laws (Maharashtra Amendment) Bill was passed by the state legislature in 2020 and forwarded to the central government for presidential assent. However, the President returned it, citing that the Centre was formulating a comprehensive law merging aspects of the then Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Protection of Children from Sexual Offences (POCSO) Act.
Following the enactment of the Bharatiya Nyaya Sanhita in July 2024, which replaced the IPC, the Centre inquired if Maharashtra still required specific amendments. In response, the state government established a committee to evaluate whether all elements of the 2020 Shakti Bill, which mandates strict punishments for crimes against women, were adequately addressed in the BNS.
Key Provisions Added to the Amendment Bill
Based on the committee's recommendations, two critical additions have been incorporated into the 2026 amendment bill. First, it extends identity protection to acid attack victims. While Section 72 of the BNS currently safeguards the identities of survivors of certain sexual offences, it excludes victims of acid attacks, which are classified as offences under Section 124. The amendment now proposes to suitably revise Section 72 to include these victims, preventing unauthorized disclosure of their identities.
Second, the bill criminalizes online sexual harassment. Section 75 of the BNS outlines acts constituting sexual harassment but does not encompass harassment via email, social media, or other electronic or digital modes, such as offensive communication or threats to upload or disseminate photographs, sound, or video files. The amendment aims to include these acts under Section 75, with a proposed punishment of rigorous imprisonment for up to three years, along with a fine or both.
Statement of Objects and Reasons
The bill's statement of objects and reasons clarifies that these provisions are necessary as they are not covered in the existing BNS framework. It emphasizes the Maharashtra government's commitment to enhancing legal protections for women, inspired by models like the Disha Act of Andhra Pradesh and similar legislation. The amendments seek to address gaps in current laws, ensuring comprehensive coverage for both physical and digital crimes against women.
Unanimous Support and Future Implications
The bill received unanimous support in the legislative council, reflecting broad consensus on the need for stronger women's safety measures. This legislative action underscores Maharashtra's proactive stance in adapting national laws to local exigencies, particularly in the realm of gender-based violence. The amendments are expected to set a precedent for other states, encouraging similar reforms to combat evolving forms of harassment and protect vulnerable groups.
With these changes, Maharashtra aims to create a more robust legal environment, deterring potential offenders and providing greater recourse for victims. The focus on both traditional crimes like acid attacks and modern digital threats highlights a holistic approach to women's safety in the contemporary era.
