Browsing: Criminal Law

Recasting the Criminal Code: A Legislative Analysis of Bharatiya Nyaya Sanhita, 2023 in Place of the Indian Penal Code, 1860

Criminal Law By 0

Author’s Note

I am currently pursuing my LL.B. at Government Law College, Thiruvananthapuram, and have a keen interest in the evolution of criminal jurisprudence and legislative reform in India. This paper is an academic attempt to critically evaluate the transition from the Indian Penal Code, 1860, to the Bharatiya Nyaya Sanhita, 2023—a shift that marks one of the most significant overhauls in Indian criminal law since independence. While acknowledging the government’s effort to decolonize legal structures, this paper seeks to assess whether the reform is genuinely transformative or merely terminological. I hope this analysis contributes meaningfully to ongoing debates in the field and invites broader engagement from the academic and legal communities.

Abstract
The Bharatiya Nyaya Sanhita, 2023 marks a historic attempt to replace the colonial-era Indian Penal Code, 1860 with a modern, indigenous framework for substantive criminal law. This legislative analysis explores the major structural changes, substantive reforms, and doctrinal shifts introduced by the BNS. It highlights key expulsions such as sedition and adultery, new additions including terrorism and mob lynching, and a reoriented penal philosophy that leans toward restoration and efficiency. The paper critically evaluates whether these changes amount to genuine reform or symbolic repackaging. In doing so, it examines constitutional implications under Articles 14, 19, and 21, and situates the BNS within the broader goal of Indianizing the justice system. The analysis concludes that while the BNS offers an important departure from colonial constructs, it remains a work in progress—requiring continued judicial scrutiny, legislative refinement, and societal engagement.