Transformation of Criminal Law in India: A Comparative Study of The Bharatiya Nyaya Sanhita, 2023 And Indian Penal Code, 1860.

Abstract

Abstract This paper examines the transformation of criminal law in India through a comparative study of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Indian Penal Code, 1860 (IPC). It discusses the transition from the colonial-era IPC to a contemporary and more indigenized criminal law framework, focusing on modernization, victim protection, deterrence, rehabilitation, gender sensitivity, and responsiveness to emerging forms of crime. The study highlights major changes relating to human trafficking, mob lynching, causation by negligence, organized crime, terrorist acts, attempted suicide, aggravated theft, offences against women, gender inclusivity, and the death penalty. It also examines the balance between deterrent and reformative approaches under the BNS. The paper argues that the BNS represents an important step in updating and reshaping India's criminal justice framework in accordance with contemporary social needs and constitutional values. Its effective implementation, however, requires public awareness, training of enforcement agencies, and appropriate judicial interpretation.