Critical Analysis of the Bhartiya Nyay Sanhita: Strengths and Weaknesses

  • Dr. Sakshi Jangra and Dr. Rahul
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  • Dr. Sakshi Jangra

    Assistant Professor at School of Law, FIMT, Kapashera, Delhi, India

  • Dr. Rahul

    Guest Faculty at Faculty of Law, Prof. (Dr.) Rajendra Singh (Rajju Bhaiyya) University, Pryagraj, India

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Abstract

The Bhartiya Nyay Sanhita 2024, a landmark legislation aimed at reforming India's criminal justice system, has been hailed as a significant step towards modernization and improvement. However, a critical analysis of the legislation reveals both strengths and weaknesses. This paper examines the Sanhita's provisions, highlighting its progressive measures, such as the incorporation of digital evidence and online harassment laws, as well as its limitations, including the lack of clarity on police accountability and the potential for misuse of certain provisions. The Researchers also explore the Sanhita's impact on marginalized communities and its ability to address systemic issues driving recidivism. Ultimately, this paper argues that while the Bhartiya Nyay Sanhita 2024 represents a positive step towards reform, its effectiveness depends on addressing its weaknesses and ensuring robust implementation mechanisms. The Bhartiya Nyay Sanhita 2024, a comprehensive legislation aimed at reforming India's criminal justice system, has been hailed as a significant step towards modernization and improvement. However, a critical analysis of the legislation reveals both strengths and weaknesses. This paper examines the Sanhita's provisions, highlighting its progressive measures, such as the incorporation of digital evidence and online harassment laws, as well as its limitations, including the lack of clarity on police accountability, inadequate attention to marginalized communities' concerns, and the potential for misuse of certain provisions. The study also explores the Sanhita's impact on the administration of justice, including its potential to reduce judicial backlog and improve conviction rates. Furthermore, it assesses the legislation's ability to address systemic issues driving recidivism, such as lack of rehabilitation and reintegration programs. Ultimately, this paper argues that while the Bhartiya Nyay Sanhita 2024 represents a positive step towards reform, its effectiveness depends on addressing its weaknesses and ensuring robust implementation mechanisms. Recommendations for improvement include clarifying provisions, introducing robust accountability mechanisms, and prioritizing marginalized communities' concerns. This paper contributes to the existing literature on criminal justice reform in India by providing a comprehensive analysis of the Bhartiya Nyay Sanhita 2024 and offering concrete recommendations for improvement. Its findings have implications for policymakers, legal scholars, and practitioners working towards a more just and equitable criminal justice system in India.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 2128 - 2137

DOI: https://doij.org/10.10000/IJLMH.118628

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