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While the discourse and legal frameworks surrounding domestic violence have historically and predominantly focused on women as victims and men as perpetrators, there is a growing recognition that men also experience various forms of abuse within domestic settings, including physical, emotional, psychological, and sexual violence.

To modernize the criminal justice system and address evolving societal needs, India has enacted three new criminal laws: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA). These laws, which replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act respectively, came into effect on July 1, 2024. The stated objectives of these new laws include adopting a victim-centric approach and addressing emerging crimes.

This study aims to analyse the legal steps and recourse available to men who are victims of sexual violence within the context of domestic violence under these new criminal laws. The analysis will examine the relevant provisions, identify challenges faced by male victims, and propose recommendations for a more inclusive legal framework.

I. Analysis of the Bharatiya Nyaya Sanhita (BNS)

A significant change in the BNS is the removal of Section 377 of the IPC, which previously criminalized "unnatural offences," including non-consensual same-sex sexual acts. This omission leaves a gap in the legal framework for addressing sexual assault against men by other men.

It is important to note that the BNS does introduce some gender-neutrality in certain provisions. For instance, the procurement of minors for sexual exploitation (Section 96 BNS, replacing Section 366A IPC) now uses the term "child," covering both male and female victims. Additionally, the language regarding who can receive summons has been made gender-neutral, replacing "adult male member" with "adult member" (Section 66 BNSS). However, these limited instances of gender neutrality do not extend to the core definitions of domestic violence and sexual assault.

II. Prevalence of Reported Cases and Studies on Sexual Violence Against Men in India:

1. Obtaining accurate data on the prevalence of sexual violence against men in India is fraught with challenges. A significant barrier is the pervasive underreporting of such cases, stemming from deeply ingrained societal stigma, the fear of ridicule, and a general lack of awareness about available support systems for male victims.
2. Furthermore, official crime statistics in India, such as those compiled by the National Crime Records Bureau (NCRB), do not typically include specific data on sexual violence against men. Many research studies conducted in India tend to focus on domestic violence as a whole, with limited specific data available on the subset of sexual violence experienced by men.
3. Despite these limitations, some research snippets provide valuable insights into the prevalence of sexual violence against men in India. A study conducted in rural Haryana indicated that 10.5% of men experienced spousal violence within the preceding 12 months, with sexual violence being less common compared to other forms of abuse. (Source: Nadda, J. S. (2019). A Cross-sectional Study of Gender-Based Violence against Men in the Rural Area of Haryana, India. Indian Journal of Community Medicine, 35–38.)
4. A study funded by the Indian Council of Medical Research in Rohtak, Delhi, also reported a prevalence of 0.4% for sexual violence by spouses among the 1000 male participants. Data from the National Family Health Survey (NFHS 4) revealed an increasing trend in physical spousal violence against husbands over time.
5. While specific figures for sexual violence against men remain scarce, the available literature suggests that spousal violence against men, in general, exists at a considerable level in India, with some studies indicating prevalence rates higher than those reported in certain developed countries. The consistent reporting of sexual violence against men, even at these low levels across different studies, underscores its reality within Indian domestic settings. Given the significant barriers that prevent male victims from reporting such abuse, it is plausible to conclude that the actual prevalence is likely much higher than the reported figures suggest.
6. Furthermore, research on domestic violence against men in India often indicates that emotional and physical violence are reported more frequently than sexual violence. This disparity might be attributed to the even greater social stigma associated with male sexual victimisation compared to other forms of domestic abuse, leading to a further suppression of reported cases.

Table 1: Prevalence of Domestic Violence Against Men in India (from Research Snippets)

III. Prevalence of Sexual Violence Against Men in Domestic Relationships in India

Compared to the data and research available on domestic violence against women in India, there is a significant lack of official statistics and comprehensive studies specifically focusing on the prevalence of sexual violence against men in domestic relationships. This scarcity of data contributes to the issue remaining largely invisible and unacknowledged in broader societal discussions and policy-making. However, the limited available research and surveys do indicate that men are also subjected to domestic violence, including sexual violence, albeit potentially at lower reported rates than women.

1. One study conducted in rural Haryana, with a sample size of 1000 married men, found that 0.4% of respondents reported experiencing sexual violence by their spouses.
2. While this percentage appears small, it represents a segment of the population whose experiences are often overlooked.
3. The same study indicated that 51.5% of men experienced some form of violence from their spouse, with emotional violence being the most common form (51.6%). National-level surveys like the National Family Health Survey (NFHS) primarily focus on violence against women, and specific data on male victimization may be limited or not explicitly reported. Nevertheless, some reports from the NFHS have indicated instances of women perpetrating physical violence against their husbands.
4. To provide a broader perspective, international statistics suggest that male victimization in domestic settings is a global issue. For instance, studies in the UK and the US have indicated that a significant proportion of men experience domestic abuse, including sexual violence. While direct comparisons with India are challenging due to differing definitions and reporting practices, these international figures underscore that domestic violence is not solely a gendered issue. The underreporting of sexual violence against men in India is likely due to various factors, including the significant societal stigma associated with male victimization, feelings of shame, fear of not being believed, and the lack of readily available male-focused support systems. These barriers make it difficult to accurately assess the true prevalence of this issue.

Table 1: Prevalence of Domestic Violence Against Men in India (Based on Studies)

IV. Procedural Aspects under the Bharatiya Nagarik Suraksha Sanhita (BNSS)

The Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the procedures for filing complaints and conducting investigations. Generally, a complaint can be filed by lodging a First Information Report (FIR) at any police station, including through the concept of a "Zero FIR" which allows filing regardless of jurisdiction. The BNSS also introduces the option of electronic filing of complaints (e-FIR). Upon filing an FIR, the police are required to provide a free copy to the informant or the victim (Section 173(2) BNSS).

A notable procedural aspect introduced by Section 173(3) of the BNSS is the empowerment of police officers to conduct a preliminary inquiry in cognizable offences punishable with imprisonment between three and seven years, before registering an FIR. This requires prior permission from an officer not below the rank of Deputy Superintendent of Police (DSP). This preliminary inquiry must be completed within fourteen days, and the Ministry of Home Affairs has issued a Standard Operating Procedure (SOP) for its conduct. However, this provision may not apply to all cases, as Section 199(c) of the BNSS exempts offences against women and children from this preliminary inquiry requirement. For male victims reporting sexual violence in domestic settings, the application of this preliminary inquiry process could be problematic. Given the sensitivity of such cases and the potential for societal skepticism, a mandatory preliminary inquiry might lead to delays or discourage victims from pursuing their complaints.

The BNSS includes specific provisions for recording the statements of victims of sexual assault. Section 176(1) mandates that the statement of a victim of rape be recorded through audio-video means by the police. Furthermore, Section 183(6)(a) stipulates that for certain offences against women, the statement of the victim should be recorded, as far as practicable, by a woman Magistrate, and in her absence, by a male Magistrate in the presence of a woman. These provisions clearly focus on supporting female victims of sexual assault.

For male victims of sexual violence in domestic settings, the lack of specific guidelines or similar provisions might present challenges in ensuring a supportive and sensitive environment during the process of recording their statements. While the option for audio-video recording exists, the emphasis on female officers and magistrates might not adequately address the needs and comfort levels of male complainants. The BNSS also enables all legal proceedings, including the recording of evidence, to be conducted electronically.

V. The Need for Gender-Neutral Approaches and Support Systems

To effectively address the issue of domestic violence, including sexual violence, in its entirety, it is crucial to recognize that it is not solely a gendered problem affecting only women. Adopting a gender-neutral perspective is essential for ensuring that all victims, regardless of their gender, receive the necessary protection and support. This requires a fundamental shift in societal attitudes and legal frameworks to acknowledge that men, too, can be victims of abuse in domestic relationships.

Amendments to existing domestic violence laws are necessary to make them more gender-neutral in their application and to explicitly include male victims. This could involve revising the definition of "aggrieved person" in the PWDVA or enacting separate, gender-neutral legislation that addresses domestic violence comprehensively. Furthermore, there is a pressing need to criminalize marital rape for all individuals, irrespective of gender, to ensure that all acts of non-consensual sexual intercourse within a marriage are recognized as criminal offenses.

Establishing support systems specifically tailored to the needs of male victims of domestic violence, including sexual violence, is also of paramount importance. This includes the creation of dedicated helplines, shelters, counselling services, and support groups that are sensitive to the unique challenges and experiences faced by men.

VI. Evidence and Proof under the Bharatiya Sakshya Adhiniyam (BSA)

1. Section 6 of the BSA outlines the relevance of motive, preparation, and conduct. For male victims of sexual violence in domestic settings, establishing the motive of the perpetrator, any preparatory actions taken, or a pattern of abusive conduct could be crucial in supporting their claims.
2. For instance, evidence of the perpetrator's controlling behaviour, previous threats, or jealousy could be relevant in establishing motive. Similarly, digital evidence, including electronic records such as emails, text messages, and recordings, is recognized as primary evidence under the BSA.
3. In domestic violence cases, such digital communication often contains crucial information about the abuse, including threats, harassment, or even admissions of sexual violence. The BSA also includes provisions for validating digital secondary evidence through cryptographic techniques.
4. In cases of sexual offences, Section 48 of the BSA makes evidence of the victim's character or previous sexual experience irrelevant when the question of consent is in issue, in prosecutions under specific sections of the BNS (Sections 64-71, 74-78). This provision aims to protect the privacy and dignity of victims and prevent victim-blaming.

VII. Existing Legal Recourse and its Limitations

1. Despite the gendered nature of the primary offences related to domestic violence and sexual assault in the BNS, male victims of such violence in domestic settings may still seek recourse under the general provisions of the BNS dealing with assault (Section 130), criminal force (Section 129), hurt (Section 114), and grievous hurt (Section 116).
2. "Hurt" under Section 114 of BNS refers to causing bodily pain, disease, or infirmity.
3. "Grievous hurt" (Section 116) includes injuries such as emasculation, permanent privation of sight or hearing, fracture or dislocation of a bone, or any hurt that endangers life or causes severe pain for fifteen days.
4. "Assault" (Section 130) involves making any gesture or preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that the person making the gesture is about to use criminal force.
5. "Criminal force" (Section 129) is defined as intentionally using force to any person without their consent, with the intention of committing an offence or causing injury, fear, or annoyance.
6. While these provisions can be invoked by male victims experiencing physical violence or coercion that might accompany sexual assault, they do not specifically address the element of sexual violation and the unique trauma associated with it. Furthermore, the punishments prescribed for these general offences might be less severe than those for specific sexual offences.
7. As previously discussed, there is no specific law in India equivalent to the PWDVA that caters to male victims of domestic violence, including sexual violence. While the Supreme Court has acknowledged the potential for misuse of Section 498A IPC (now Section 85 BNS), a law primarily intended to protect women from cruelty, it has maintained its focus on women's protection and has not been altered to become gender-neutral.
8. One of the significant limitations for male victims is the potential for societal disbelief and stigma when they accuse female partners of sexual violence. The lack of specific legal definitions and procedures within the current BNS framework to address such cases further complicates the situation, making it challenging for male victims to prove their claims and receive justice.

VIII. Conclusion

1. The Bharatiya Nyaya Sanhita (BNS) largely retains the gendered approach of the IPC concerning domestic violence and sexual offences, failing to provide specific and adequate recourse for male victims of sexual violence within domestic settings. While the Bharatiya Nagarik Suraksha Sanhita (BNSS) introduces some progressive procedural measures, these predominantly focus on female victims. Similarly, the Bharatiya Sakshya Adhiniyam (BSA), while recognizing digital evidence and protecting victims from character attacks, lacks gender-neutral presumptions regarding consent.
2. To create a truly just and equitable legal system, comprehensive legal reforms are urgently needed across all three laws. This includes amending definitions to be gender-neutral, incorporating specific procedural guidelines for male victims, and establishing dedicated support services. Addressing the gaps in the current legal framework and challenging societal biases are crucial steps towards ensuring that male victims of sexual violence in India receive the protection and recourse they rightfully deserve.

Table 1: Comparison of Key Provisions in IPC and BNS Related to Domestic Violence and Sexual Offences

Table 2: Legal Recourse Available to Male Victims under BNS, BNSS, and BSA

IX. Recommendations

To address this critical issue effectively, a gender-neutral and inclusive approach is imperative. The following recommendations are put forth:

• Legal Reforms: Amend the Protection of Women from Domestic Violence Act to include a gender-neutral definition of "aggrieved person" or enact a separate, comprehensive, gender-neutral law addressing all forms of domestic violence. Criminalize marital rape for all individuals, regardless of gender, under the Indian Penal Code.
• Policy Changes: Establish government-funded support services specifically for male victims of domestic violence, including sexual violence. This should include dedicated national and regional helplines, safe shelters, and specialized counselling centres staffed with professionals trained to address the unique needs of male survivors. Ensure that training programs for law enforcement personnel, the judiciary, and healthcare providers include sensitization towards the issue of male victimization in domestic violence cases.
• Societal Awareness Initiatives: Launch nationwide public awareness campaigns to challenge deeply ingrained gender stereotypes that hinder the recognition of male victims of domestic violence. These campaigns should aim to encourage male victims to come forward without fear of judgment and promote a culture of empathy and support within families, communities, and the media.
• Further Research: Invest in comprehensive research to better understand the prevalence, diverse forms, and long-term impacts of sexual violence against men in domestic settings in India. This data will be crucial for developing evidence-based policies and interventions.

By adopting these recommendations, India can move towards a more equitable and just society where all victims of domestic violence, regardless of their gender, receive the protection, support, and legal recourse they deserve.

It is strongly advised that the client seeks professional legal counsel to conduct a comprehensive evaluation of the specific facts and circumstances surrounding their case. This will aid in identifying the most suitable legal strategy to pursue in order to protect their interests effectively.