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Reimagining Justice: A Critical Analysis of the Bharatiya Nyaya Sanhita, 2023 and its Departure from the Indian Penal Code
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Rishabh Malvia
Student at Galgotias University, India
Abstract
The Bharatiya Nyaya Sanhita [BNS], 2023, Represents a Significant Reformation of India’s Criminal Justice System as Initiated by the Government of the India. This Paper Critically Examines the BNS in Contrast to the Indian Penal Code [IPC], Highlighting its Philosophical Foundations, Departures from Existing Legal Frameworks, and its Implications for Social Justice. By Analysing the Proposed Changes, We Posit that While the BNS Aims to Create a More Just and Responsive Legal System, Certain Aspects May Undermine These Objectives. the Paper Provides An Overview of Key Components of BNS, Evaluates Them Through a Lens of Efficiency, Equity, and Human Rights and Concludes with Recommendations for Enhancing its Effectiveness. the Enactment of the Bharatiya Nyaya Sanhita 2023, Marks a Significant Milestone in India’s Legislative History, After More Than 160 Years the Paper Also Addresses the Criticisms and Challenges in the Implementation of the New Law.
Keywords
- Bharatiya Nyaya Sanhita
- Indian Penal Code
- Criminal Law Reform
- Restorative Justice
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2982 - 2990
DOI: https://doij.org/10.10000/IJLMH.1110122Creative Commons
This 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.
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