Indian Penal Code of 1860 to Bhartiya Nyaya Sanhita of 2023 Tracing the Shift from Retributive to Reformative Jurisprudence

Abstract

The evolution of Indian criminal law from the Indian Penal Code of 1860 to the Bhartiya Nyaya Sanhita of 2023 reflects a huge paradigm shift. While the old code focused upon retribution and punishment that matched the severity of the crime and the pain suffered by the victim, the new law embraces the idea of reformation, aiming to help the victims, while reforming the offenders and inculcating a change in the overall society. The new law dropped the colonial impact and has added a more humanitarian and Nyaya-based Foundation for the Criminal Laws. Offenders are not treated as people who are only to be punished but as humans who can be cured and learn to give back to society. Victims are also being treated in a more friendly way so that they get regular case updates, feel heard, and their mental health issues are also taken care of instead of victim blaming. Yet certain gaps are to be fulfilled, like marital rape exceptions and a few gender-specific laws. The Indigenous knowledge of India and the concept of Dharma can guide the path of interpretation of the new Bhartiya Nyaya Sanhita, and one must read it in a way that it evolves as a tool to uphold the promise of dignity given in the Constitution. This paper attempts to create an analogy between the jurisprudence of the law and its impact. Justice must be taken as a way to flourish the society and not only a mechanism to penalise the wrongdoers. The new criminal law creates the expectation that the justice delivery system will shed off the old colonial chains and start the journey of healing.  However, the success of this shift ultimately would depend upon the acceptance by society and an effective implementation, along with proactive judicial intervention and interpretation.