Current Volume 9
Abstract
The Indian Penal Code (IPC), which was enacted in 1860 during British colonial rule, has been the pillar of India's criminal justice system for more than 160 years. Yet, with the changing social, political, and technological environment, there has been a growing necessity to modernize and indigenize the criminal law regime. To meet this requirement, the Government of India enacted the Bhartiya Nyaya Sanhita, 2023 (BNS) to supplant the IPC and embody Indian values, constitutional principles, and developments in international law. This dissertation undertakes an exhaustive comparative analysis of the BNS and the IPC based on the pivotal structural, procedural, and material changes. It points to the change in jurisprudence of the law, more victim-focussed provisions, demystification of legalese, and integration of newer crimes like cybercrimes and terrorism. It also inquiries into continuity of the kernel criminal principles as well as challenge of implementing the new regime. The research also scrutinizes the constitutional validity, socio-legal dimensions, and functional enforceability of BNS compared to the pre-independence colonial-era IPC. This work based on doctrinal study, comparative statutes, judicial scrutiny, and empirical observations strives to critically analyse whether BNS is just a symbolic renaming or a real reformative jump toward a more equitable, efficient, and citizen-friendly criminal justice system. The dissertation ends with policy recommendations and advice to facilitate a seamless shift from IPC to BNS, stressing the need for judicial readiness, legal pedagogy, and public sensitization.
Keywords
Bhartiya Nyaya Sanhita, Indian Penal Code, Criminal Law Reform, Comparative Analysis, Penal Provisions, Procedural Law, Substantive Criminal Law, Victim-Centric Justice, Legal Modernization, Colonial Laws, Indian Constitution, Cybercrime, Terrorism, Bharatiya Nagarik Suraksha Sanhita, Bhartiya Sakshya Adhiniyam, Justice System, Human Rights, Law Enforcement, Judicial Reforms, Criminal Justice System
Citations
IRE Journals:
Karan Khanna , Shailja Khosla
"A Comparative Analysis of BNS and IPC" Iconic Research And Engineering Journals Volume 8 Issue 11 2025 Page 1740-1777
IEEE:
Karan Khanna , Shailja Khosla
"A Comparative Analysis of BNS and IPC" Iconic Research And Engineering Journals, 8(11)
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