From Colonial Roots To Modern Reforms: A Critical Analysis Of The Transition From IPC To BNS

Kushal Tripathi, NMIMS, School of Law

ABSTRACT

This paper explores the monumental shift in India's criminal law landscape, as our nation moves from the British-era Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS). This paper highlights the shift in India's criminal law from the British structure to a native BNS. The present paper is limited to the BNS and its key provisions and assesses the shift from the older IPC as well as its impact on the justice administration system as to how the new BNS highlights the existing matters effectively within the changing regime instead of thoroughly destroying its fundamentals.

Introduction

The Indian Penal Code, drafted in 1860 under Lord Macaulay's leadership, served as the cornerstone of criminal/penal law in India for almost two-centuries. Certain laws were needed to meet the new socioeconomic norms of India such as cybercrimes, mob lynching or transnational organized crimes. Entered in the years 2023, seeks to achieve some degree of change in the Indian justice system, while overcoming missing sufficient attributes of former IPC without replacement. To fit the system into the language of law, this process is not simply a change in the terminology but encompasses a more comprehensive legal change that integrates the current trend of universalism into Indian criminal law. Introduced in 2023, the Bhartiya Nyaya Sanhita (BNS) aims to streamline the criminal justice system while addressing voids left by the IPC. This transition is more than just a change in nomenclature as it symbolizes a broader legal reform that aims to harmonize India’s criminal laws with modern societal needs and international legal standards. This document delves into the motivations behind this monumental shift, its implications for the Indian criminal justice system, and the legal challenges and potential benefits arising from this transformation.