International Journal For Multidisciplinary Research

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Shortcomings of the Bharatiya Nyaya Sanhita, 2023: An Analytical Perspective

Author(s) Md. Imran Wahab, IPS
Country India
Abstract The Bharatiya Nyaya Sanhita, 2023 was enacted on December 25, 2023, to supplant the Indian Penal Code of 1860, marking a significant reform in India's criminal justice system. This legislation, along with the Bharatiya Nagarik Suraksha Sanhita as well as Bharatiya Sakshya Adhiniyam, took impact on 1st July 2024. The changes signify a departure from colonial legal frameworks, aiming for a system aligned with contemporary rights and inclusivity. While the Chief Justice of India and various legal experts have praised the BNS as a transformative step, it still exhibits notable shortcomings. For instance, it fails to address necrophilia, leaving serious offences unregulated. Moreover, Section 69's treatment of "deceitful means" in sexual relations raises issues regarding consent, particularly in contexts involving job offers or promotions. Section 152, which deals with threats to national sovereignty, could lead to overly broad interpretations that impede free expression. Additionally, Sections 84 and 88 reveal gender biases and outdated perspectives on marital rights and women's reproductive decisions. These challenges highlight the urgent need for further review and reform to ensure BNS fulfils its goal of creating a just and equitable legal system.
Keywords Bharatiya Nyaya Sanhita, BNS, Citizen Centric, Indianisation, Indian Penal Code, Shortcomings.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 5, September-October 2024
Published On 2024-09-28
Cite This Shortcomings of the Bharatiya Nyaya Sanhita, 2023: An Analytical Perspective - Md. Imran Wahab, IPS - IJFMR Volume 6, Issue 5, September-October 2024. DOI 10.36948/ijfmr.2024.v06i05.28030
DOI https://doi.org/10.36948/ijfmr.2024.v06i05.28030
Short DOI https://doi.org/g59zs2
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