The Bhartiya Nyaya Sanhita And Smart Justice: A Paradigm Shift Or Just A Makeover
- IJLLR Journal
- Aug 29
- 1 min read
Riya Saroha, Amity Law School, Noida
ABSTRACT
With the historic move aimed at reshaping India's colonial-era criminal justice system, the government has introduced the Bhartiya nyaya Sanhita, claiming it to be a system that is swifter more transparent and rooted in Indian values decolonizing criminal law with integrating the words like ‘dharma’ and ‘nyaya’. Introduces contemporary offences such as mob lynching, terrorism, organised and hate crimes. It also incorporates technology driven aptitude with inclusion of e- FIR’s, electronic evidence recognition and mandatory videography during searches. Enhances victim protection through community service as a new mode of punishment for petty offences, provides protection against sexual exploitation under false promise of marriage. Also with the parallel rise of smart justice - a digital, data driven approach to justice delivery - country stands at a CROSSROAD, therefore is this truly a paradigm shift in how justice is conceptualized and delivered or is this merely a cosmetic overhaul. Critics argue that BNS largely modernises rather than overhauls the colonial era system giving rise to unresolved challenges to the judicial system mainly police reforms, judicial delays and corruption. Achieving a true paradigm shift would require broader structural reforms, clearer definitions and systematic implementation for smooth transformative potential.
