Student at School of Law and Governance, Jaipur National University, Jaipur, India
Significant legislative developments have shaped India's criminal law evolution. Notably, the Indian Penal Code (IPC) is expected to be replaced by the Bhartiya Nyay Sanhita (BNS). Examining the intellectual underpinnings, structural distinctions, and practical ramifications for the Indian legal system, this paper compares the BNS and IPC. Since it was created in 1860, the Indian Penal Code (IPC) has offered a thorough framework for criminal justice, yet it is sometimes criticised for having archaic and colonial-era provisions. By tackling modern problems and harmonising with established social and legal norms, the BNS aims to modernise and indigenous India's punitive laws. The main modifications made by the BNS are examined in this paper, including adjustments to regulations on sentencing, criminal processes, legal terminology, and the addition of use technology in police enforcement. By comparing the BNS to the IPC, this study demonstrates how the new code strives to improve judicial efficiency, provide more equitable justice delivery, and better defend human rights. The research also takes into account probable implementation issues as well as the BNS's projected impact on Indian legal practice and jurisprudence. The results of this study highlight the significance of persistent law change in response to society's evolving needs and the judicial system.
Research Paper
International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 1122 - 1134
DOI: https://doij.org/10.10000/IJLMH.118346This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021