Revisiting Criminal Law Bills: An In-Depth Critical Analysis of Bharatiya Nyaya Sanhita Bill and Bharatiya Nagarik Suraksha Bill

IF 0.3 Q3 LAW

Statute Law Review Pub Date : 2024-09-17 DOI:10.1093/slr/hmae043

Arushi Bajpai, Akash Gupta, Akshath Indusekhar

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Abstract

In an attempt to revise the criminal laws, India has introduced three new criminal law bills in the Lok Sabha in August 2023, which later received a few recommendations from the parliamentary committee and recently got a nod from the President of India. These bills have been diligently formulated after consultation with the apex court, the high courts, some of the most renowned law universities in the country, and other experts in the field. However, there have been a lot of drafting errors in the new bills. Since the time it has been introduced, it has been highly criticized by all the scholars and lawyers across the nation. The idea of overhauling the criminal law acts was to go away from the colonial law provisions and frame the laws with Indian context. The IPC will be changed after around 163 years. However, the author believes that the colonial laws remain intact in the new bills. This article has seen all the changes that new bills are cringing providing special focus to the Bharatiya Nyaya Sahinta (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The author has mentioned all the changes brought in the BNS and BNSS and the critiques of the new bills.

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重新审视刑法法案：深入批判性分析《印度教 Nyaya Sanhita 法案》和《印度教 Nagarik Suraksha 法案

为了修订刑法，印度于 2023 年 8 月在人民院提出了三项新的刑法法案，后来得到了议会委员会的一些建议，最近又得到了印度总统的点头。这些法案都是在与最高法院、高等法院、国内一些最著名的法律大学以及该领域的其他专家协商后精心制定的。然而，新法案中存在许多起草错误。新法案一经推出，就受到了全国所有学者和律师的强烈批评。全面修订刑法法案的目的是摆脱殖民地法律条款的束缚，根据印度国情制定法律。印度刑法典》将在约 163 年后进行修改。然而，作者认为殖民地时期的法律在新法案中将保持不变。本文介绍了新法案所带来的所有变化，并特别关注了《印度国家宪法》（BNS）和《印度国家宪法 2023 年》（BNSS）。作者提到了 BNS 和 BNSS 带来的所有变化以及对新法案的批评。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Statute Law Review LAW-

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0.50

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期刊介绍： The principal objectives of the Review are to provide a vehicle for the consideration of the legislative process, the use of legislation as an instrument of public policy and of the drafting and interpretation of legislation. The Review, which was first established in 1980, is the only journal of its kind within the Commonwealth. It is of particular value to lawyers in both private practice and in public service, and to academics, both lawyers and political scientists, who write and teach within the field of legislation.