New law, old mindsets: Whom does Bharatiya Nyaya Sanhita really protect? Abstract

The Bharatiya Nyaya Sanhita (BNS), 2023, touted as “gender-neutral,” fails to protect adult male and transgender survivors of sexual assault. While minors receive gender-inclusive legal recognition, protection ends at age 18. The removal of IPC Section 377 without a gender-neutral provision leaves adult male victims without recourse. This gap contrasts with global practices in Canada, Australia, and the UK, which define sexual assault irrespective of gender. Cultural stigma, underreporting, and lack of legal safeguards exacerbate invisibility. True reform demands amending Section 63, training legal stakeholders, and fostering societal change to ensure all survivors, regardless of gender, have equal protection and justice.

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