December 29, 2025
THIMPHU – The National Council (NC) failed to pass the Penal Code (Amendment) Bill of Bhutan 2025 on Thursday after the Bill did not secure the required simple majority following intense deliberations.
Of the 23 members present during the session, only 11 voted in favour of the Bill, three voted against it, and nine abstained. At least 13 votes were required for the Bill to pass.
The Chairperson of the Legislative Committee, Tashi Chhozom, presented the final revisions of the Bill for adoption. The Bill’s rejection stemmed largely from disagreements over proposed changes to Section 183 of the Penal Code, which relates to the offence of rape of a child above 12 years of age.
While several members sought amendments to the provision, the Legislative Committee maintained that Section 183 should remain unchanged, citing international legal standards and child protection principles.
Section 183 states that a defendant is guilty of rape of a child above 12 years of age if the defendant engages in sexual intercourse with a child between the ages of 12 and 18. The provision, however, exempts consensual sexual intercourse between children aged 16 to 18 if a complaint is filed after one of the individuals has reached adulthood.
Several members proposed reducing the current penalty under the section from a second-degree felony, which carries a prison term of nine to 15 years, to a misdemeanour punishable by one month to one year, or a third-degree felony punishable by five to nine years. Others suggested decriminalising consensual sexual acts involving minors aged 12 to 18 altogether.
Members supporting the amendment argued that the existing law has resulted in the imprisonment of young men in consensual relationships, including cases where couples have lived together and raised children.
The Member of Parliament (MP) for Lhuentse, Kelzang Lhundup, said that in many villages, marriages occur with consent between individuals aged 16 and 18. He said that once the male partner turns 19, he risks imprisonment under the current law, leaving families to suffer and placing additional burdens on teenage mothers.
“If this section could be amended to reduce the prison term in cases of consensual relationships, it would benefit mothers and families,” he said, adding that many teenage mothers are struggling because partners of productive age are behind bars.
Some members who abstained from voting, speaking on condition of anonymity, said they had proposed introducing a new sub-section under Section 183 that would allow reduced punishment, either as a misdemeanour or a third-degree felony, in cases involving consensual sexual intercourse.
Other MPs proposed increasing penalties in cases involving non-consensual acts.
However, the Legislative Committee held that sexual intercourse with a child constitutes rape irrespective of consent, as consent by a child is not legally recognised. The committee reiterated that Section 183 had already been revised in 2021 and that further amendments were not viable.
Some members also said they did not support for the Bill because several new provisions significantly increased the severity of punishments and the gravity of offences.
As the Legislative Committee did not agree to reduce sentencing or decriminalise the offence, support for the Bill weakened, leading to its rejection. Now, as a “dead Bill,” it cannot be reintroduced for one year.
The NC Chairperson directed members to continue internal discussions on the proposed amendments and present them to the House at a later stage.
Members held internal discussions for three days following the session, but no consensus was reached.
Some members also proposed removing Subsection (d) of Section 203, which defines child molestation to include “any conduct of other sexual acts”.
The Legislative Committee had proposed to increase the grading of punishment for certain offences and to introduce new provisions aimed at addressing emerging crimes.
Among the new provisions is the offence of grooming of a child. Under the proposed section, a defendant will be guilty of the offence if the person communicates with a child, by any means, with the intention to commit or facilitate the commission of an offence under Section 225. The offence would also apply if, after such communication, the person travels to meet or meets the child with the intention of committing or facilitating an offence under the same section.
The proposed law defines grooming as any act of establishing or attempting to establish a relationship, trust, or emotional connection with a child, through online or offline communication, with the intent to facilitate or commit a sexual offence. This includes persuading, enticing, or preparing a child for sexual activity.
The committee also proposed a new offence of embezzlement. Under the provision, a defendant willl be guilty of embezzlement if the person misuses, misappropriates, or converts a private business’s funds or property; fails to remit or deposit collected money to its intended destination; makes illegal expenditures; or fails to produce or render an accounting of the use of funds or property upon demand by the relevant authority.