Transition From IPC To Bharatiya Nyaya Sanhita: A Critical Analysis
- IJLLR Journal
- Apr 25
- 1 min read
Dr. Suresh Kumar Trivedi, Associate Professor, Faculty of Law, Madhav University, Pindwara, Sirohi, Rajasthan, India
ABSTRACT
The enactment of the Bharatiya Nyaya Sanhita (BNS), 2023, replacing the Indian Penal Code (IPC) of 1860, represents one of the most consequential legislative overhauls in post-Independence India. This paper critically examines the historical necessity, structural changes, substantive modifications, and contentious provisions of this transition. It evaluates whether the BNS achieves its stated aim of decolonising Indian criminal law or merely reorganises colonial-era frameworks with cosmetic changes. Drawing on legislative debates, judicial precedents, and academic commentary, this paper argues that while the BNS introduces meaningful reforms particularly concerning terrorism, organised crime, and gender- based offences it simultaneously reproduces colonial control mechanisms and raises serious concerns about civil liberties, federalism, and judicial capacity.
Keywords: BNS 2023, IPC 1860, Criminal Law Reform, Decolonisation, Sedition, Organised Crime, India
