Reimagining Justice: A Socio-Legal Analysis Of Victims’ Rights Under The Bharatiya Nyaya Sanhita And Bharatiya Nagarik Suraksha Sanhita, 2023
- IJLLR Journal
- Jun 1
- 1 min read
Reema Mariam Philip, Christ University, Bangalore
ABSTRACT
This paper examines the paradigm shift in the Indian criminal justice system brought about by the enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), replacing the colonial-era Indian Penal Code and Code of Criminal Procedure. With a renewed focus on victims’ rights, the research explores the legal and practical enhancements these new laws promise—such as expanded rights to appeal, mandatory emergency medical care, and improved privacy protections—against the backdrop of existing systemic shortcomings. Employing a socio-legal lens, the paper critically analyzes how these reforms alter the role of victims from passive observers to active participants in criminal proceedings, while balancing the rights of the accused. It highlights key challenges in implementation, such as limited access to legal aid, police apathy, and socio-economic disparities that impede justice, especially for marginalized communities. Drawing comparative insights from victim- centered frameworks in the United States, European Union, and South Africa, the study advocates for greater integration of restorative justice models, enhanced victim support infrastructure, and legal awareness initiatives. Ultimately, the paper underscores that while the BNS and BNSS mark a progressive step forward, meaningful victim empowerment in India demands systemic reform, inclusive implementation, and cultural change.
