Bharatiya Nyaya Sanhita 2023: An Analysis of Contemporary Issues and Challenges

Abstract

In the past, British administration in India introduced codified criminal laws, benefiting not the common people of India, but the Company and the British Raj. However, after over a century, the parliament enacted Bharatiya Nyaya Sanhita (BNS), 2023, that came into force on 1st July 2024. The new laws seek to shed the colonial past and more effectively address crime in Indian society. However, there exist several lacunae that impede its effective implementation, harming administration of justice. First, is a
lack of change from the provisions of the IPC to the BNS. Second, a distinct lack of gender neutrality across provisions. The wording for several offences such as rape, remains unchanged and archaic. Third, several definitions for terms within newly introduced offences, are vague and unclear, prone to misinterpretation or misuse by investigating authorities. This work aims to address the challenges and issues in the BNS, as well as provide possible remedies.