The Bharatiya Nyaya Sanhita (BNS): A Critical Examination of India's New Penal Code

Abstract

Three landmark criminal laws, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhinayam (BSA), came into effect on July 1, 2024, replacing three outdated British-era laws in India. The new laws aim to transform India's criminal justice system and provide a more efficient and effective framework for addressing crime. This article will delve into the key features of the BNS, which seeks to replace the century-old Indian Penal Code (IPC). The BNS perpetuates the expansion of state and police powers, retains offenses rooted in outdated moral standards, and exacerbates the retributive system through the introduction of broad and ambiguously defined offenses. It is contended that the legislation appears to be drafted with the primary objective of creating an illusion of moving beyond colonial legacies in terms of outdated colonial laws, while concurrently promoting a nationalist agenda aimed at fostering patriotic sentiments among the masses.