Bharatiya Nyaya Sanhita: Decolonizing Criminal Law or Colonial Continuities?

Abstract

Abstract A change is more often than not faced with resistance from thinking minds before it is welcomed. This paper emphasizes the urgent need to scrutinize the proposed changes to the age-old Indian Penal Code to be brought about by the enactment of the new Bharatiya Nyaya Sanhita, 2023 (BNS). It critically evaluates every such new change to resolve all doubts and apprehensions, in delving particularly into the inspection of the BNS, in a theoretical study comparing with the Indian Penal Code. The paper discusses the “legislative intent and colonial continuities”, “anti-democratic tendencies” and “general critiques” addressing the debates over “patriarchal biases, problems laden within a false promise to marriage in the BNS, linguistic imperialist connotations, and the ambiguities over punishments”. This paper aims to evaluate the premise for an overhaul of the existing penal code and to identify and correspond substantial changes suggested in the new act in light of a promised wave of decolonization.