“A Critical Comparison of the Bharatiya Nyaya Sanhita, 2023 and the Indian Penal Code, 1860: Continuities, Contrasts, and Challenges”

Abstract

The replacement of the Indian Penal Code, 1860 (IPC) with the Bharatiya Nyaya Sanhita, 2023 (BNS), alongside the BNSS and BSA, represents an important change to India’s criminal justice mechanism. The BNS streamlines provisions by reducing 511 sections across 23 chapters of the IPC to 358 sections in 20 chapters, with improved organisation and consolidated definitions. Key innovations include recognition of transgender identity, incorporation of electronic records, introduction of community service as a punishment, and explicit definition of life imprisonment. Contemporary offences such as mob lynching, organised crime, and terrorism are codified, while outdated offences like attempt to suicide and unnatural sexual relations are repealed. Enhanced provisions for offences against women, children, and medical negligence reflect a victim-centric focus. This paper critically analyses these reforms, highlighting both the strengths and emerging concerns of India’s new criminal law framework.