Nyaya Sanhita and Swaraj in Legal Ideas
The Financial Express, Forthcoming
Posted: 18 Jan 2024
Date Written: January 9, 2024
Abstract
The basic telos of the Bharatiya Nyaya Sanhita (BNS) is premised on the decolonisation of Indian criminal law. But a critical reflection of its provisions suggests that it is not only a continuation of the disciplinary powers but also the enlargement of juridical powers of state apparatuses. The basic concepts in the Sanhita are the extension of the colonial era codifications and legislations. Its meanings and values cannot be understood in the context of Indian experiences.
Keywords: Decolonization, Swaraj, Nyaya Sanhita, Proportionality, Death Penalty
Suggested Citation: Suggested Citation
Kumar, Mritunjay and Singh, Chanchal Kumar and Kohli, Aastha Naresh, Nyaya Sanhita and Swaraj in Legal Ideas (January 9, 2024). The Financial Express, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4691638
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