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Stream/Area:
-
Subject:
-
Paper ID:
IJSREM63588
Volume:
10 |
5 |
May 2026
Pages:
1-4
Publication Frequency:
Monthly (12 issues per year)
License:International Journal of Scientific Research in Engineering and Management follows the Creative Commons Attribution 4.0 (CC BY 4.0) License, allowing free use and distribution with proper attribution.
School of Law
Starex University, Gurugram, India
School of Law
Starex University, Gurugram, India
The Bharatiya Nyaya Sanhita, 2023 (BNS) marks a significant attempt to reform India’s criminal justice system by replacing the colonial-era Indian Penal Code, 1860 (IPC). Enacted with the objective of decolonizing criminal law and promoting a justice-oriented framework, the BNS seeks to address contemporary forms of crime and improve victim protection. This paper critically examines the major reforms introduced under the BNS and evaluates whether the legislation represents a substantive transformation of India’s criminal jurisprudence. Key reforms include the introduction of community service as a form of punishment, recognition of organized crime, mob lynching, terrorism, and sexual intercourse by deceit as distinct offences, along with the repeal of the colonial sedition law under Section 124A IPC. However, the legislation also faces serious criticism for retaining substantial continuity with the IPC, incorporating vague provisions such as Section 150, lacking gender-neutral sexual offence laws, and creating legal ambiguity through the repeal of Section 377 without adequate replacement safeguards. The paper argues that although the BNS introduces important progressive reforms, it remains only partially transformative due to unresolved constitutional, drafting, and human rights concerns.
KEYWORDS
The Bharatiya Nyaya Sanhita, 2023 (BNS) marks a significant attempt to modernize and decolonize India’s criminal justice system by shifting the focus from punishment to justice. Reforms such as the introduction of community service, recognition of organized crime and mob lynching, enhanced victim-centric provisions, and repeal of the colonial sedition law reflect an effort to align criminal law with contemporary constitutional and social realities. However, the BNS continues to face important constitutional and drafting concerns. The broad wording of Section 150 raises fears regarding misuse against free speech and political dissent, while the absence of gender-neutral sexual offence provisions and the repeal of Section 377 without adequate replacement safeguards create notable legal gaps. Further, the substantial continuity between the BNS and the IPC has led to criticism that the legislation is more reformative than transformative in nature. Therefore, although the BNS introduces progressive changes, its long-term success will depend upon legislative refinement, judicial interpretation, and effective implementation consistent with constitutional values, human rights, and substantive justice.
AIR 1962 SC 955 (2015) 5 SCC 1Dr. Justice Balbir Singh Chauhan, “Reforming Criminal Law in India: A Critical Review of Bharatiya Nyaya Sanhita” (2024) 15(2) Indian Journal of Legal Studies 54(2018) 10 SCC 1(2014) 5 SCC 438 Jagdish Sharan Verma, Leila Seth, Gopal Subramanian, and Justice JS Verma Committee. "Report of the committee on amendments to criminal law." (2013). (2014) 5 SCC 438AIR 1962 SC 955 (2018) 10 SCC 1
Publication Date
5/20/2026
Peer Review Type
Double-Blind Peer Review
Review Rounds: 2
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