Published On: October 4th 2025
Authored By: Ayushi Mishra
Renaissance Law College
ABSTRACT:
The Bharatiya Nyaya Sanhita which is also abbreviated in the form of BNS (2023) replaced the old criminal law i.e. the Indian Penal Code (IPC) 1860. Although, it’s not easy to formulate the new laws in the society as a sudden changes in the new criminal law, took up various challenges in implementing the laws.
This page talks about the Bharatiya Nyaya Sanhita,2023 (BNS) , evaluating its impact on police and procedural reforms.
KEY WORDS: BNS, BNSS, BSA, Dynamic, key provisions, modernization Technologies, transparency, accountability
INTRODUCTION:
As every coin has its two possible sides i.e. it’s head and tail. Similarly, every thing has its possible pros and cons. Through this it would be conveyed that the new criminal law or the code namely, the Bharatiya Nyaya Sanhita,2023 has its advantages and disadvantages in its implementation in the society. The Indian society is dynamic in nature ,it accepts the several changes regarding the new laws in the society. The Indian Penal Code,1860 was drafted by the Lord Macaulay and it contains 511 sections divided into 23 chapters.
Hence, the Bharatiya Nyaya Sanhita,2023 contains 20 chapters with 358 sections in it. Also, the new criminal law doesn’t includes the (BNS)2023 ,but the BNSS(2023) which was replaced in the place of Cr.Pc(1973) and BSA(2023) in the place of India Evidence Act(1872). Evaluating the impact of BNS(2023) on police and procedural reforms could be the better way to understand the needs and objectives of the BNS, 2023 in the Indian society.[1]
DETAILED OVERVIEW:
INDIAN PENAL CODE (IPC),1860
The Indian Penal Code, 1860 was drafted by the Lord Macaulay before the Independence. This was the criminal code which could administered the society to well of its extent. No any other laws were made and after the post independence, there was the need for the change in the judicial system.
But after the independence it was not that much reliable to change the laws or replace it in the society. Although many social reformers tried to change the laws in the support of the women and children’s. But still there were some flaws in implementing it.
BHARATIYA NYAYA SANHITA (BNS), 2023
Bharatiya Nyaya Sanhita came into force on July 1, 2024 and was passed by the Indian Parliament in 2023. The laws which were enacted in the IPC was outdated and there was the need to make new laws in society.
BNS ensured the several new provisions related to civil and criminal laws. There were also the laws regarding the protection of women’s and children’s and the minorities which were not present in the earlier criminal codes.[2]
NEED FOR THE NEW CRIMINAL LAWS:
Before the independence, the law which directed the state to run effectively was the IPC and CRPC. As there was not large population and the laws were strict in its application, so it was not required to make the other laws in the society. Also there was not more technologies that would modernize the society in that form.
But , now it was the time to replace the old laws because of its rigid nature. There was the need to make the laws which would governed the state to run the society efficiently, by observing the technological advancement. The IPC was not that much effective as it was old and outdated and increasing the continuous crime rates in the society would need the proper implementation of the laws to serve justice.
Considering all these factors the new law would ensures the provisions regarding the protection of women’s , children’s and the laws regarding cybercrime, mob lynching and environmental laws.
KEY ANALYSIS:
EVALUATING ITS IMPACT ON POLICE AND PROCEDURAL REFORMS
Bharatiya Nyaya Sanhita,2023 brings out the many new provisions which was needed in dynamic change in the society. It has widened the scope of laws but, still the proper evaluation of those laws are required.
Provisions; Modernizations of definitions, sentencing and punishments , technology and cybercrimes, human rights protection etc.
Also, the offences against the state, public tranquillity, human body , against property, marriage and family, religion and public morals. The main objective is the approach of rehabilitation and the restorative justice, which means the offenders in the society would get chance to engage in good activities or work for the enhancement of their better standard of living.
The Indian Penal Code,1860 has the five kinds of Punishment , in contrast the Bharatiya Nyaya Sanhita,2023 introduced the provision of “community service” as the new kind of punishment which says about those offenders who are involved in minor crimes or petty offences should get the chance to survive in the society. They must involve in the social works or in any community service which could change their mind-set from the offender to a good man . Sections of Bharatiya Sakshya Adhiniyam, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 also helped the new provisions to deal effectively in the society.[3]
The provisions of handcuffing in the BNSS, 2023 and the solitary confinement. And the provisions regarding the police custody.
Provisions of section 154 and 197 of CRPC replaced with section 173 and 218 of Bharatiya Nagarik Suraksha Sanhita reflects the transparency and accountability. The new criminal laws had the greater impact on procedural reforms. As each new laws dealt with the many such provisions which were not present in old laws.[4]
CHALLENGES IN IMPLEMENTATION OF NEW LAWS:
Every new things come with challenges and it’s impact on the society. Although, the new laws are introduced it had to tackle out various challenges in its implementation. The execution of the new laws should be done in a way so that it reflects the transparency and fairness in the justice.
The laws must be gender neutral in the nature and this provision is ensured in the Bharatiya Nyaya Sanhita, 2023. The adaptation of the new laws in the society would takes the right time to serve justice.
The formulation of the laws should be done in a way , so that it’s not violated in terms of procedure and execution.[5]
CONCLUSION:
Bharatiya Nyaya Sanhita,2023 (BNS) ,the new criminal law provides the efficiency in providing new key provisions. The concept of modernization and the definitions relates to the new provisions of law. The evaluation in new laws had to dealt with several challenges in its effective execution and it’s procedures. The approach of BNS, 2023 is the rehabilitation and the restorative justice. And ,still the new laws and provisions need to be executed in a significant manner so that replacement of old laws would met the objective of transparency in the dynamic society.
The IPC, 1860 had the rigid procedures, in contrast the BNS, 2023 allowed for the flexibility in its application.
The execution procedures should not be too much rigid. However the ultimate goal or objectives must rely on serving the justice with fairness and the quick speedy trial.
REFERENCE
Books/ Bare Act
- INDIAN PENAL CODE , 1860
- BHARTIYA NYAYA SANHITA, 2023
Journals
- IJMC : From Colonial to Contemporary ; Analysing the shift from IPC, 1860 to BNS,2023 chrome- native://pdf/link?url=content%3A%2F%2Fmedia%2Fexternal%2Fd ownloads%2F1000108765
- Exploring India’s new criminal laws: A paradigm shift in legal framework.
- Blog By – Team MyGov, Manipur MyGov https://blog.mygov.in/exploring-indias-new-criminal-laws-a-paradigm-shift-in-legal-framework/
- Reforming The Indian Penal Code: Insights into Bharatiya Nyaya Sanhita, 2023 https://lexisnexis.in/blogs/bharatiya-nyaya-sanhita-2023/
