INTRODUCTION
With the passage of the Bharatiya Nyaya Sanhita, 2023 (BNS), the Indian criminal system has undergone its most drastic overhaul since colonial times, which saw the promulgation of the Indian Penal Code, 1860 (IPC). Together with the two other components of the package —the Bharatiya Nagarik Suraksha Sanhita 2023 (replacing the CrPC) and the Bharatiya Sakshya Adhiniyam, 2023 (replacing the Indian Evidence Act) —the intent seems to be to modernise the existing framework of Indian criminal law.
Described as a “home-grown legal revolution”, they took effect from 1 July 2024. However, the shift has also sparked a fierce debate about consistency, coherence, and constitutionality.
This post critically assesses the salient features of the Bharatiya Nyaya Sanhita (BNS), measures what it could offer as a reformative promise, and evaluates whether it responds to the systemic inadequacies that have been infecting India’s criminal justice apparatus for ages.
BACKGROUND AND RATIONALE FOR REFORM
It’s been decades since refurbishing the colonial criminal law codes was on the legislative agenda. Several commissions, such as the Madhava Menon Committee (2003) and the Malimath Committee on Criminal Justice Reform (2003), have reported the obsolescence of the IPC and the need for modern, victim-oriented, efficient, and punitive criminal laws.[1]
Bharatiya Nyaya Sanhita was formulated after a wide consultation process, conducted under the aegis of the Ministry of Home Affairs. The three new bills were presented to the Lok Sabha in August 2023 and were passed in the Winter Session. They were given Presidential assent in December 2023[2] and were subject to notification for enforcement on 1 July 2024.
KEY CHANGES UNDER THE BHARATIYA NYAYA SANHITA
(a) New Offences and New Classifications
- Mob Lynching is specifically an offence under Sec 103(2) with the punishment of life imprisonment or death—a huge gap in the IPC.HashMap, the country’s behaviour is being brought to standard.[3]
- Acts of Terrorism have been defined, taking elements from special statutes such as the UAPA.
- Petition for Community Service as an alternative punishment for petty offences (Section 4).[4]
(b) Strengthened gender protections
- Definitional categories of sexual offences have been expanded in the new Sanhita to include digital harassment and stalking.
- And yet marital rape is still not criminalised — a significant criticism from gender-based violence campaigners.[5]
(c) The Speedy Trial and Procedural Efficiency
- The Code stipulates that the framing charges should take place within 60 days after the first hearing, and the judgment should be delivered within 45 days after the conclusion of other proceedings (Sections 254–256).
- The Victim’s locus standi is elevated under Section 193.
(d) Abolition of Sedition
- Section 124A of the IPC, which incorporates the controversial sedition clause, stands deleted. But analysts say the new bill, with its section covering “endangering the sovereignty, unity, and integrity of India” (Section 150), could pave the way for sedition to be rebranded.[6]
POINTS OF CRITICISM AND CONSTITUTIONAL CONCERNS
Not everyone is a fan: critics claim that the BNS isn’t truly innovative, and say it perpetuates many of the IPC’s problems.
a) ABSENCE OF CLEAR DEFINITION:- The terms used, such as “anti-national acts” and “false information,” are vague and open-ended, and could very well lead to abuse of power, much like the bygone Sedition Law.
(b) MARITAL RAPE EXCLUSION:- Non-criminalisation of marital rape is inconsistent with India’s international commitments under CEDAW and is also a contravention of Article 21 and Article 14 of the Constitution, as held in Independent Thought v Union of India.[7]
(c) PENALTIES DISPROPORTIONATE:- Colonia-era punishments, including the death penalty and life imprisonment for some offences, persist in the law without adequate safeguards to prevent the abuse of sentencing discretion, and continue.
(d) THE DEMOCRATIC PROCESS AND FEDERALISM:- The legislation was rushed through parliament with minimal debate and drew criticism from opposition MPs and legal experts who felt it would erode federal consultation.[8]
JUDICIAL AND ADMINISTRATIVE IMPLICATIONS
The passing of the Bharatiya Nyaya Sanhita, 2023, involves not only substantial legal reforms but also formidable procedural and administrative hurdles. Courts and police around the country have to be reoriented to interpret and enforce the new laws. The judiciary in particular assumes the onerous task of interpreting nebulously worded provisions, settling transitional disputes, and setting the stage for binding precedents under the new order.
One of the most urgent questions is what to do about pending cases under the old laws. Determination of superior and regular court records. Courts must ensure smooth transactions in such a way as not to infringe the rights of the accused; certain guidelines must be followed, especially where the issues of retrospective application of sentencing or procedural laws are concerned. The task of the revamp will also require technical interventions: e-courts, FIR management systems, case law repositories, and digital trial management tools would have to be aligned to the new section numbers, definitions, and categorisation of offences.
Bar Councils and State Judicial Academies have already introduced specialised training modules for Judges, Prosecutors, Investigating Officers, and Court Staff. Nevertheless, the success of such migration depends on widespread adoption, sufficient resources, and inter-institutional cooperation. Re: Institutional readiness. Without readiness within the institutions, the reforms that the BNS anticipates will become moribund or will be unevenly implemented across regions.
COMPARATIVE PERSPECTIVE
Internationally, the trend in criminal justice systems has progressively shifted from retributive models centred on punishment and incarceration to restorative and rehabilitative frameworks. In countries like Norway, Canada, and New Zealand, the emphasis lies in reintegrating offenders into society, ensuring victim participation, and repairing the harm caused by criminal acts. Community service, victim-offender mediation, probation supervision, and diversion programs for first-time or juvenile offenders have widely adopted mechanisms aimed at reducing prison populations and recidivism.[9]
In contrast, India has always taken a more punitive and custodial stance, in which jailing is the default punishment for criminality. The decision taken by the Bharatiya Nyaya Sanhita to use community service as a penalty for petty crime is a welcome and forward-looking initiative. As well, provisions for speedy trials seek to improve process efficiency and decrease under-trial detention. But these reforms fail to embrace a restorative justice philosophy.
The BNS doesn’t have a support and effective implementation system, one that includes trained probation officers, post-conviction surveillance, and community rehabilitation programs. Without this sort of institutional backing, community service will likely remain at best a tokenistic reform.
CONCLUSION
The 2023 Bharatiya Nyaya Sanhita is indeed a watershed revision, replacing the colonial penal code, finally, after 163 years. It seeks to reflect Indian constitutional morality and public sentiment. While the bill adds some progressive components (mob lynching, victim-centric trials, community service) to the act, its potential cannot be effectively utilised due to definitional ambiguity, procedural opacity, and the continuation of colonial logic.
In conclusion, we can say that criminal law reforms do not come simply as a renamed law, but they should come in a way that promotes fairness, transparency, and inclusion. We will learn soon, in the years to come, whether or not the new code will be able to deliver swift, humane, and constitutionally compliant justice or will be old wine in a new bottle.
Author(s) Name: Anurag Kumar (Chanakya National Law University)
References:
[1] Committee on Reforms of Criminal Justice System, Malimath Committee Report (2003); National Law School of India University, Report on Draft National Policy on Criminal Justice (Madhava Menon Committee, 2007).
[2] Ministry of Home Affairs, Press Release on Criminal Law Reforms (December 2023) https://www.mha.gov.in accessed 24 June 2025.
[3] Bharatiya Nyaya Sanhita 2023, s 103(2).
[4] Ibid s 4.
[5] Amnesty International India, India: Failing to Criminalize Marital Rape Violates Women’s Rights (March 2024).
[6] Bharatiya Nyaya Sanhita 2023, s 150.
[7] Independent Thought v Union of India (2017) 10 SCC 800.
[8] PRS Legislative Research, Bill Summary: Bharatiya Nyaya Sanhita, 2023 https://prsindia.org accessed 24 June 2025.
[9] Penal Reform International and Thailand Institute of Justice, Global Prison Trends 2025 (2025) https://www.penalreform.org/resource/global-prison-trends-2025/ accessed 24 June 2025