About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

4 Jus Corpus L.J. 350 (2023-2024)
The Bhartiya Nyaya (Second) Sanhita 2023: An Integrated Perspective - A Comprehensive Study and Analysis

handle is hein.journals/juscrp4 and id is 1482 raw text is: Jus Corpus Law Journal Open Access Law Journal - Copyright © 2024 - ISSN 2582-7820 Editor-in-Chief - Prof. (Dr.) Rhishikesh Dave; Publisher - Ayush Pandey This is an Open Access article distributed under the terms of the Creative Commons Attribution- Non-Commercial-Share Alike 4.0 International (CC-BY-NC-SA 4.0) License, which permits unrestricted non-commercial use, distribution, and reproduction in any medium provided the original work is properly cited. The Bhartiya Nyaya (Second) Sanhita 2023: An Integrated Perspective - A Comprehensive Study and Analysis Akhil Kumar K.S.a aThe National University of Advanced Legal Studies, Kochi, India Received 10 January 2024; Accepted 07 February 2024; Published 10 February 2024 The Bhartiya Nyaya (Second) Sanhita 2023 (BNSS) has received the president's assent, marking apivotal step toward rplacing the age-old Indian Penal Code of 1860, which persisted for 1 63 years. Although several amendments were introduced over time, the archaic penal law was initially drafted with colonial and outdated provisions aimed at suppressing Indians who opposed the British crown, ensuring absolute control over the territory. This legapy continued post-independence; in response to various cases, the judiciary declared multple sections of the IPC unconstitutional, prompting calls for governmental modifications. All the Legislations are the reflection of its temporal and authorial context. The Indian Penal Code of 1860 also has such reflections, the IPC with definitions that have become overy narrow, particulary regarding terms like gender,' 'India,' and 'electronic evidence.' As a result, offences were often characterized by patriarchal, homophobic, and unfair tendencies, necessitating an overhaul to align the present worlds evolving standards. The new penal law, the Bhartiya Nyaya (Second) Sanhita, aims to address these issues by offering contemporary solutions. While the new law incorporates some elements from the IPC, introduces modifications, and new provisions to fortfy India' criminal legal system, certain provisions remain subjective, rejying on individual interpretation and potentialy leading to confusion. Despite these improvements, the Bhartiya Nyaya (Second) Sanhita falls short in implementing recommendations from the Standing Committee. Key aspects, such as gender-neutral sections and specific provisions for healthcare workers and the LGBTQIA+++ community, are conspicuousy absent. The government's opportunity to create a more updated legal framework in tune with today's evolving society appears to have been underutilized on many points during the formulation of the new penal law. 350

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most