BHARATIYA NYAYA SANHITA, 2023: A CRITICAL PERSPECTIVE

An endeavour to reform an existing legal system requires a methodical and critical assessment of the rules, principles, and philosophies native to the existing system. With the introduction of the Bharatiya Nyaya Sanhita, 2023 to replace the Indian Penal Code, 1860, there is an impetus on the lawmakers to implement, by way of such assessment, meaningful and progressive changes directed towards enhancing the ability of the law to promote just, reasonable and equitable rules and practices. This article aims to critically examine the Bharatiya Nyaya Sanhita, 2023, by highlighting the congruent and divergent features of the same in comparison to the Indian Penal Code, 1860, the Unlawful Activities (Prevention) Act, 1967; and the judicial developments cemented thereunder, inter alia. The comments and suggestions so provided highlight the potential conceptual challenges in the new enactment to ensure effective and efficient administration and implementation.