Keywords : Indian Penal Code 1860, Bharatiya Nyaya Sanhita 2023, Criminal justice system, Legal modernization, Criminal law reforms, Socio-legal impact, Cyber-crimes, Contemporary challenges, justice and fairness
Abstract : The protection of women from crimes such as rape, domestic violence, and sexual harassment remains a pressing concern in India. The Indian Penal Code (IPC, 1860), which has served as the backbone of the country’s criminal justice system for over a century, has increasingly been viewed as inadequate in addressing the complexities of modern crimes, particularly in the digital sphere. To address these evolving challenges, the Bharatiya Nyaya Sanhita (BNS, 2023) has been introduced as a reformative legal framework aimed at modernizing and strengthening existing laws. This paper conducts a comparative study between the IPC and the BNS, focusing on crimes against women, such as rape, domestic violence, and sexual harassment. It critically analyzes the scope, penalties, and protective measures under both legal frameworks, highlighting the advancements and reforms introduced in the BNS to address contemporary issues, including online violence and victim-centered justice approaches. Through this analysis, the paper assesses the effectiveness of the BNS in offering enhanced protection for women and promoting gender justice. Furthermore, the study identifies areas where further legislative and systemic improvements are required to ensure robust legal safeguards in the face of emerging challenges. The findings underscore the importance of legal adaptability in achieving a safer and more equitable society.
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