Old Wine In A New Bottle? A Critical Appraisal Of The Bharatiya Nyaya Sanhita, 2023
- IJLLR Journal
- 4 days ago
- 1 min read
Priyanshu Bisht, B.A.LL.B. (Hons.), Graphic Era Hill University, Dehradun.
ABSTRACT
This paper undertakes a critical appraisal of the Bharatiya Nyaya Sanhita, 2023 (BNS), which has replaced the long-standing Indian Penal Code, 1860 (IPC). While presented as a landmark decolonizing and modernizing reform, this analysis contends that the BNS is fundamentally a project of consolidation and rebranding that preserves the substantive punitive core of its colonial predecessor. The Sanhita introduces some ostensibly progressive changes, such as the codification of contemporary offences like mob lynching and organised crime, and the inclusion of community service as a form of punishment. However, it simultaneously expands the coercive power of the state through vaguely defined offences, most notably the new provision for acts endangering the sovereignty of India, which replaces sedition, and a broad definition of terrorism. This expansion of state power is further entrenched by procedural alterations in the accompanying Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), particularly concerning police custody, which threaten to erode established safeguards for personal liberty. The paper argues that the BNS misses crucial opportunities for genuine reform, such as criminalizing marital rape and making sexual offence laws gender-neutral, thereby perpetuating archaic legal norms. Consequently, the new legal framework raises significant constitutional concerns regarding the fundamental rights to equality, free speech, and life and personal liberty, as enshrined in Articles 14, 19, and 21 of the Constitution. The analysis concludes that the BNS represents more of a continuity of colonial state-centric logic than a substantive departure towards a citizen-centric, justice-oriented legal order, making the 'new bottle' a container for largely the same 'old wine', albeit with a more potent and concerning label.
