Published on 26th July 2025
Authored By: Heer Bhanushali
SVKM’s Pravin Gandhi College of Law
Abstract
India’s criminal law framework witnessed a major shift in 2023 as the Bharatiya Nyaya Sanhita replaced the long-standing Indian Penal Code of 1860. The article evaluates the BNS’s reforms by studying their influence on the police and the rules they operate under. It examines the reasons behind the new law, examines the substantial and procedural changes it brings, and explores both the hardships and prospects for law enforcement, the judiciary, and the public. The article wraps up with the question of whether BNS is able to achieve its goal of advancing a more equitable, efficient, and up-to-date criminal justice system.
Keywords: Bharatiya Nyaya Sanhita, Police, Criminal Law Reform, Procedure, India, IPC, Victim Rights, Technology.
Introduction
For more than 160 years, India’s criminal justice system has had to deal with regulations made during the British Colonial Era, with the Indian Penal Code of 1860 still governing the criminal law in the country. This outdated framework laid down by the British colonial administration has faced criticism from the people for its failure to cope with the changing needs and complex issues in modern Indian society.
This article seeks to determine if the BNS is capable of achieving its main aim of creating a more just, efficient, and modern system for criminal justice in India. The article seeks to evaluate the nuances and implications of this historic legislation by analysing the BNS and exploring its role in the shaping of the future of criminal justice in the country. The introduction of the Bharatiya Nyaya Sanhita, 2023, has led to a momentous change in India’s legal system, leaving behind its colonial past and looking towards an improved, more modern, and fairer criminal justice system. To overcome the issues of the 21st century and maintain balance in justice, India depends greatly on the successful operations of the BNS.
The End of IPC: Why India needed a New Penal Code?
In 2023, the Indian government responded to the call for reform by repealing the Indian Penal Code with the Bharatiya Nyaya Sanhita (BNS), making a key change to the legal system of India. The enforcement of the Bharatiya Nyaya Sanhita, 2023 (BNS), represents more than just a change of name; it is a major breakthrough in India’s significant step towards an equal and efficient criminal justice system. By replacing archaic statutes and addressing present-day societal demands, the BNS seeks to build a legal framework that is fairer, more accessible, and in tune with modern values.
The swift advancement of India has brought more complex forms of crime and criminal investigations, revealing the inadequacies of the IPC made under British rule. Mounting calls for a massive overhaul of India’s criminal justice framework are prompted by the outdated provisions, insufficient responses to modern challenges and dissonance with the vision and values enshrined in the Constitution. The comprehensive review and feedback of the legislation from legal experts, law enforcement bodies and civil society organisations was aimed at making the criminal justice system fit for the 21st century and to bring it into accord with justice and individual rights.
The Rationale for Reform
The government’s rationale relies on three main concepts – Decolonization, Modernization and Justice. The Indian Penal Code of 1860 (IPC), which was drafted under the British Empire, prioritized control over colonial subjects rather than bringing citizen-centric justice. The Union Home Minister described the reform as a move to ensure that Indian citizens no longer “live under laws made to rule, but laws meant to deliver justice.” Since the IPC didn’t contain any special rules against terrorism, mob lynching, and cybercrime, modernization was equally as important as reform. The BNS introduces new offences, defines terrorism, and includes gender-neutral language while also introducing community service as a penalty — a step toward restorative justice.[1] The journey of the BNS in the legislative format started with it being introduced in the Lok Sabha by the Union Home Minister on August 11, 2023. After first being discussed and sent to the Standing Committee on Home Affairs for detailed study, the bill was taken back and reintroduced with changes on December 12, 2023. Both houses of Parliament voted for the bill, and it received the President’s assent on December 25, 2023.[2] It then began to take effect as a law on July 1, 2024. It was argued by the critics that the reforms, dressed up as decolonizing, preserved a lot of the IPC’s original form and only made a few significant changes. There is controversy about replacing sedition (Section 124A IPC) with BNS Section 150, which penalises acts endangering sovereignty. Some legal scholars say it might allow suppression of dissent to continue.[3] Federal concerns were flagged by states as the Centre went ahead with a law without taking state consultation despite ‘police’ being a state subject under the Constitution.[4] It was argued that insufficient oversight, the chance of mayhem during the transition, and new offences or increased police powers could erode civil liberties. Civil society, legal experts, and opposition members said there was a need for more transparent consultations and warned against a cosmetic relabeling of sections with no substantive change.
Key Substantive Changes in BNS
The Bharatiya Nyaya Sanhita, 2023 (BNS), introduces substantive reforms to align India’s penal law with contemporary realities, shifting away from a punitive colonial legacy to a justice-oriented framework. A notable characteristic is including new-age offences in the legislation. The Indian Penal Code, 1860, does not have the provisions of organised crime and terrorism, which are explicitly criminalised in the BNS. Organized crime, leading to kidnapping, extortion, contract killing, taking land, financial scams, and cybercrime when done by syndicates, is a crime under the BNS. Now, attempting or committing organized crime subjects one to stringent penalties, including life imprisonment or the death penalty in cases resulting in death, and substantial fines. Section 111 of the BNS defines and penalises organised crime, while Section 113 addresses acts of terrorism. Similarly, mob lynching is now recognized as a standalone offence, reflecting the state’s response to recent social unrest and public demands for deterrent legal action.[5] The BNS now includes cybercrime offences to address issues with cybersecurity, something that was needed after years of the IPC lacking adaptations to new technologies. A pivotal shift in the BNS is the decriminalization, legal rationalization and removal of outdated offences, most notably sedition. Although the offence of sedition as defined in Section 124A of the IPC has been repealed, the BNS makes a fresh incursion into the area of this issue by introducing a new, more comprehensive offence for acts that threaten the sovereignty, unity, and integrity of India, covering a wider spectrum of conduct and communication, including other modes of communication through electronic media. In terms of sentencing reforms, the BNS introduces community service as a penalty for some petty offences, which affirms immediate justice and prison decongestion. Higher fines and tougher penalties for repeat offenders clearly are aimed at making an example to deter crime through proportionate punishment. The BNS pays special attention to crimes against women and children, gathering and enhancing the rules for sexual offences, harassment, and offences against minors. Rape, gang rape, and offences based on deceit are now punished more harshly, and new laws offer more protection for children from being exploited or abused. Overall, these substantive changes represent the BNS’s intent to modernize India’s criminal law in conformity with the contemporary social developments and constitutional values.
Procedural and Policing Reforms
The Bharatiya Nyaya Sanhita (BNS), 2023, introduces a series of procedural and policing reforms aimed at enhancing both the efficiency and fairness of the criminal justice system. The biggest achievement is the institutionalisation of the concept of “Zero FIR”, which means that the First Information Report can be registered by any police station irrespective of the jurisdiction in which the offence has occurred.[6] This reform seeks to ensure victims do not miss out on immediate access to justice where technicalities of territorial limits might deny them that opportunity but instead makes the criminal process victim-centric. Another major procedural innovation is the mandatory use of forensic evidence in the investigation of serious crimes. The BNS requires forensic teams to visit crime scenes in cases where the prescribed punishment exceeds seven years of imprisonment.[7] The purpose of this step is to enhance the accuracy of criminal investigations, reduce wrongful convictions, and improve the evidence given in judicial proceedings. Digital transformation is embraced by the BNS through allowing summons to be sent electronically, conducting witness hearings via video, and storing records in a digital format. These actions are predicted to speed up trials, avoid unnecessary delays, and help the justice system work more transparently and easily. The BNS has increased human rights safeguards by explicitly penalizing custodial torture, further providing for safeguards to protect vulnerable groups such as women and children. Seeking to bring the Indian criminal justice system in line with constitutional guarantees of dignity and equality, the BNS criminalizes public servant acts of torture and also provides for the rights of marginalized communities.
The Challenges Ahead: From Law to Practice
The shift from the IPC to Bharatiya Nyaya Sanhita (BNS) presents a host of implementation hurdles that go well beyond legislative intent as the law is transposed from statute to practice. A major hurdle in this regard is the requirement of extensive training and capacity building of police officers, judicial staff, and legal professionals. The sheer scale of India’s law enforcement and judicial apparatus makes uniform readiness a daunting task, while some states have initiated large-scale training modules and have distributed handbooks to familiarize personnel with the new provisions.[8] An infrastructure facelift—specifically, in the area of forensic facilities, digital record keeping, and technology adoption—is what is needed to bring the procedural reforms envisaged in the BNS to fruition; yet many regions are still short on resources for such outdated and staid approaches. The transitional stage is challenging, as many cases during this period are confused because of having to deal with the remnants of old laws while applying new ones. Because of this duality, it is possible for cases and solutions to vary and become delayed when laws or definitions are renumbered or altered. In addition, the readiness of the judiciary and the police to adapt to new community service provisions and electronic processes is uncertain, and there is the possibility of uneven enforcement across the country.[9] Moreover, the language of certain sections—concerning such acts as those endangering sovereignty, unity and integrity— contains ambiguities that open a loophole for misuse or arbitrary enforcement. But legal experts and civil society have cautioned that, without clear operational guidelines and sufficient oversight, these ambiguities could be open to exploitation and that this could be to the detriment of civil liberties and the fair aims of the BNS.[10]
Conclusion
With the enactment of the Bharatiya Nyaya Sanhita in 2023, India has taken a progressive stride toward reforming and decolonising its criminal justice framework. While its reforms offer transformative potential, implementation challenges and legal ambiguities remain. Continuous judicial oversight, stakeholder dialogue, and periodic legislative review will be essential to safeguard rights and ensure just outcomes. But as India reimagines its criminal justice system, transparency, accountability and access must continue to remain the focus, and it must work to build not just new laws but an entirely new culture of justice.
References
[1] The Bharatiya Nyaya Sanhita 2023, s 2(3), s 150.
[2] ‘The Bharatiya Nyaya (Second) Sanhita, 2023’ (PRS Legislative Research) <https://prsindia.org/billtrack/the-bharatiya-nyaya-second-sanhita-2023> accessed 8 June 2025
[3] Gautam Bhatia, ‘Sedition by Another Name’ (2024) Indian Constitutional Law and Philosophy https://indconlawphil.wordpress.com accessed 6 June 2025.
[4] Constitution of India 1950, Schedule VII, List II, Entry 2.
[5] ibid 1
[6] Singh P, ‘Zero Fir Explained: Meaning, Legal Basis & Remedies’ (Metalegal Advocates, 14 July 2023) <https://www.metalegal.in/post/zero-firs-explained> accessed 8 June 2025.
[7] ibid 2
[8] LexisNexis Blog, ‘Reforming The Indian Penal Code: Insights into Bharatiya Nyaya Sanhita, 2023’ (17 January 2025)
[9] SSRN, ‘Bharatiya Nyaya Sanhita, 2023: A Critical Perspective’ (12 April 2024) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4898463 accessed 8 June 2025.
[10] Md. Imran Wahab, ‘Shortcomings of the Bharatiya Nyaya Sanhita, 2023: An Analytical Perspective’ (IJFMR, 2024) https://www.ijfmr.com/papers/2024/5/28030.pdf accessed 8 June 2025.
