Continuity Of Judicial Precedents In The Transition From The Indian Penal Code To The Bharatiya Nyaya Sanhita: A Doctrinal Analysis
- IJLLR Journal
- Apr 9
- 2 min read
Divya Hariharan, Assistant Professor of Law, St. Mother Teresa Law College, Lucknow, India
ABSTRACT
The replacement of the Indian Penal Code with the Bharatiya Nyaya Sanhita marks an important shift in India’s criminal law system. While this change has been widely discussed as a step towards reform and modernization, it also raises a practical question that has not received enough attention. An important question that arises is the status of the large body of judicial precedents developed under the IPC. Since precedents play a key role in guiding courts and maintaining consistency in legal decisions, this issue becomes especially relevant in the current transition.
In many cases, the provisions under the BNS are similar to those in the IPC, which suggests that earlier judicial interpretations may still be useful. However, changes in wording, structure, and the introduction of new offences create situations where courts may need to interpret the law afresh. This creates a balance between relying on past decisions and adapting to the new legal framework.
This paper examines this issue through a doctrinal approach, focusing on how far IPC-based precedents can continue to be applied under the BNS. It argues that while continuity will remain in several areas, especially where provisions have not changed significantly, the transition also gives courts an opportunity to reinterpret the law where necessary. At the same time, this shift may create certain challenges for judges, lawyers, and students who must navigate both old and new legal understandings.
By exploring this transition, the paper highlights the need for a careful and consistent judicial approach so that the law remains both stable and responsive to change.
Keywords: Judicial Precedents; Indian Penal Code; Bharatiya Nyaya Sanhita; Doctrine of Precedent; Criminal Law Reform
