‘Cruelty Clause’ Incorporation: New Criminal Code Proposes Mental Health Protection for Women

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The government has introduced a significant provision known as the ‘Cruelty Clause’ in the revamped Criminal Code, explicitly categorizing harm to a woman’s mental health as an act of cruelty under the revised criminal legislation.

Union Home Minister Amit Shah presented three amended criminal law bills—’The Bharatiya Nyaya (Second) Sanhita, 2023,’ ‘The Bharatiya Sakshya (Second) Bill, 2023,’ and ‘Bharatiya Nagarik Suraksha (Second) Sanhita, 2023’—in the Lok Sabha on Tuesday (December 12). These bills mark a fresh attempt after the withdrawal of previous bills, a customary process paving the way for new amendments.

Shah emphasized that deliberations on the bill are slated for December 14, with the response to the debate scheduled for December 15.

The earlier iteration of the Bharatiya Nyaya Sanhita Bill, initially introduced on August 11 along with the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam bills, aimed to replace the Indian Penal Code, 1860, the Code of Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872, respectively.

The re-introduced bills exhibit at least five noteworthy changes, notably extending the definition of terrorism within the Bharatiya Nyaya (Second) Sanhita Bill. The revised definition of terrorism now encompasses the aspect of “economic security.”

These legislative advancements signify a proactive approach by the government to address evolving societal concerns, particularly safeguarding mental health and expanding the ambit of criminal laws to encompass contemporary issues such as economic security within the definition of terrorism.

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