Woman
Under Section 2(35) of the BNS, a female human being of any age. Other statutes, such as labour and ART laws, adopt narrower meanings for their own purposes.
Explained
Section 2(35) of the BNS defines woman as a female human being of any age. The definition reproduces Section 10 of the IPC, earlier in force. Because age is irrelevant, a girl child is a woman for the purposes of the Sanhita, and offences framed in terms of a woman, such as those protecting modesty or punishing sexual harassment, apply whatever her age. Where the age of the victim matters, the BNS uses separate expressions, and child is separately defined.
Other statutes define the word for narrower purposes. Section 2(91) of the Code on Social Security, 2020 defines woman as a woman employed, directly or through a contractor, for wages in an establishment. Section 2(u) of the Assisted Reproductive Technology (Regulation) Act, 2021 means a woman above twenty-one years who approaches a clinic or bank for its services. The meaning to be applied therefore depends on the statute in which the word appears.
The BNSS contains procedural safeguards for women. Under the proviso to Section 43(1), where a woman is to be arrested, her submission to custody on oral intimation is presumed unless the circumstances indicate otherwise, and a male police officer shall not touch her person unless the circumstances require. Section 43(5) bars arrest of a woman after sunset and before sunrise save in exceptional circumstances, and then a woman police officer must obtain the prior permission of the Magistrate of the first class by a written report. Under the proviso to Section 179(1), a woman cannot be required to attend as a witness at any place other than where she resides.
Examiners test the any age rule, the contrast with the definition of child, and the arrest and witness safeguards in the BNSS.
What the law says
(35) “woman” means a female human being of any age;
Clause (35) defines woman as a female human being of any age
Earlier law: IPC 33. “Act”. “Omission”; 47. “Animal”.; New Sub-Section; 28. “Counterfeit”.; 20. “Court of Justice”.; 46. “Death”.; 24. “Dishonestly”.; 29. “Document”.; 25. “Fraudulently”; 8. Gender.; 52. “Good faith”; 17. “Government”.; 52A. “Harbour“.; 44. “Injury”.; 43. “Illegal”. “Legally bound to do”.; 19. “Judge”.; 45. “Life”.; 42. “Local law”.; 10. “Man”. “Woman”.; 49. “Year”. “Month”.; 22. “Movable property”; 9. Number.; 51. “Oath”.; 40. “Offence”.; 33. “Act”. “Omission”; 11. “Person”.; 12. “Public”.; 21. “Public servant”.; 26. “Reason to believe”
Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.
(3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.
Safeguards for arrest of a woman
Earlier law: CRPC 46. Arrest how made.; 46(1); 46(2); New Sub-Section; 46(3); 46(4)
Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides:
Provided further that if such person is willing to attend at the police station, such person may be permitted so to do.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.
Woman witness not to be required to attend away from residence
Earlier law: CRPC 160. Police officer’s power to require attendance of witnesses.
Section 2, Social Security Code
(91) “woman” means a woman employed, whether directly or through any contractor, for wages in any establishment:
Clause (91) gives a labour law meaning of woman
Earlier law: Section 10, IPC
For the exam
- BNS Section 2(35): a female human being of any age; earlier Section 10 IPC.
- A minor girl is a woman under the BNS; child is defined separately.
- Section 43(5) BNSS: no arrest after sunset and before sunrise save exceptionally, with prior first class Magistrate permission.
- Proviso to Section 179(1) BNSS: a woman witness cannot be required to attend away from her residence.
1,396 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Related terms
- ChildUnder Section 2(3) of the BNS a child is any person below eighteen years of age. Special statutes use the same age with small variations, and child marriage law sets twenty one for males.
- Sexual harassmentUnwelcome sexual conduct, such as physical advances, demands for sexual favours, sexually coloured remarks or showing pornography. It is a workplace wrong under the POSH Act and an offence under Section 75 BNS.
- CrueltyFor Section 85 of the BNS, cruelty means wilful conduct likely to drive a woman to suicide or gravely endanger her life, limb or health, or harassment to coerce her or her relatives to meet an unlawful demand.
- DowryProperty or valuable security given or agreed to be given, directly or indirectly, by or for a party to a marriage, at, before or after it, in connection with the marriage. Section 2, Dowry Prohibition Act.
- Aggrieved personUnder Section 2(a) of the Domestic Violence Act, 2005, any woman who is, or has been, in a domestic relationship with the respondent and alleges that the respondent subjected her to domestic violence.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.