Bharatiya Nyay Samhita: A New Dawn, But Gaps Remain

The Bharatiya Nyay Samhita (BNS) replaces the colonial-era Indian Penal Code, but legal expert Faizan Mustafa notes it falls short on issues like marital rape, criminal defamation, and the death penalty. Despite improvements, the new regulations retain contentious aspects. BNS comes into effect from July 1.

The introduction of the Bharatiya Nyay Samhita (BNS) has been heralded as a significant overhaul of the colonial-era Indian Penal Code. However, noted legal expert Faizan Mustafa has expressed concerns that it does not adequately address modern issues such as marital rape, criminal defamation, and the death penalty.

Mustafa, who serves as the Vice Chancellor of Chanakya Law University in Patna, articulated these reservations during a workshop in Bihar. He highlighted the drastic reduction in the number of sections from 511 to under 400, praising the shift but pointing out that key areas still need improvement.

Despite many positive changes, Mustafa believes that BNS maintains elements of the old laws that should have been revised. While applauding increased provisions against mob lynching and sexual exploitation, he criticized the retention of criminal defamation and the lack of strong measures against marital rape. The new laws will take effect starting July 1.