Abstract

The Indian Penal Code (IPC) was established in 1860 by the British colonial administration to serve as a comprehensive criminal code for India. It was designed to cover all substantive aspects of criminal law and was applied uniformly across the country. Following India’s independence in 1947, the IPC remained in force, but it underwent various amendments over the years. These amendments were made to reflect the changing social, political, and legal landscape of the country, addressing issues such as gender justice, human rights, and the emergence of new forms of crime. As India continued to evolve, particularly in the late 20th and early 21st centuries, there were growing calls for a more contemporary legal framework. The IPC, despite being a robust code, was increasingly seen as outdated. Legal experts, lawmakers, and civil society began advocating for the creation of a new criminal code that would better address the needs of a modern India, including new challenges such as cybercrime, terrorism, and other emerging forms of criminal activity. In response to these calls for reform, several committees were formed, and the Law Commission of India produced reports recommending comprehensive changes to the IPC. These reports emphasized the need to modernize the criminal code to effectively deal with the complexities of contemporary society. Building on these recommendations, the Indian government initiated the drafting of a new criminal code, known as the Bharatiya Nyay Sanhita (BNS), in the early 2020s. The Bharatiya Nyay Sanhita (BNS) was introduced in 2023 as a replacement for the IPC. The BNS was designed to be a more progressive and comprehensive legal framework, better suited to address the justice needs of India in the 21st century. It focuses on modernization, procedural efficiency, and tackling issues that were either inadequately covered or absent in the IPC. The transition from the IPC to the BNS marks a significant shift in India’s legal landscape, reflecting the nation’s growth and the need for a legal system that is in tune with contemporary realities.

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