COMPARATIVE ANALYSIS OF IPC 1860 AND BNS 2023

AUTHOR– KRISHNENDRA SINGH* & TANU AGARWAL**

* STUDENT BBA LLB(H), AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR, AMITY LAW SCHOOL LUCKNOW CAMPUS, AMITY UNIVERSITY, LUCKNOW

BEST CITATION – KRISHNENDRA SINGH & TANU AGARWAL, COMPARATIVE ANALYSIS OF IPC 1860 AND BNS 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 152-160, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Indian Penal Code (IPC), enacted in 1860 during British colonial rule, remained the principal criminal statute in India for more than 163 years. Designed to serve colonial administrative interests, the IPC emphasized control over justice, with limited adaptation to evolving societal norms, technological developments, or indigenous values. Recognizing the urgent need to modernize and decolonize the penal system, the Bharatiya Nyaya Sanhita (BNS), 2023 was introduced and enacted by the Parliament to replace the IPC entirely. This research paper presents a comprehensive comparative analysis between the IPC and BNS, examining differences in legislative structure, terminology, classification of offences, and the philosophical underpinnings of criminal law.

Key features of the BNS include the repeal of outdated colonial provisions such as the sedition law, codification of new offences like organized crime and terrorism, recognition of digital and cybercrimes, and a more victim-centric approach to justice. Moreover, the BNS emphasizes gender neutrality, simplifies archaic language, and seeks to make the justice system more accessible and efficient for Indian citizens. The study also explores the implications of these changes on law enforcement, judicial interpretation, and access to justice. Overall, the transition from IPC to BNS signifies not just a statutory change, but a paradigm shift from colonial criminal jurisprudence to a progressive, inclusive, and constitutionally aligned legal framework.

Keywords: Indian Penal Code 1860 (IPC); Bharatiya Nyaya Sanhita 2023 (BNS); Comparative Criminal Law; Decolonization of Indian Law; Criminal Justice Reform; Legal Modernization in India; Victim-Centric Criminal Justice; Cyber and Digital Offences; Colonial Legacy and Indian Legal System; Gender Neutrality in Criminal Law; Sedition Law Repeal; Organized Crime and Terrorism Legislation; Access to Justice in India; Criminal Jurisprudence India; Law Reform in 21st Century India.