Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

@article{189572,
        author = {JUHI CHANDEL},
        title = {TOWARDS VICTIM-CENTRIC JUSTICE: AN EVALUATION OF THE BHARATIYA NYAYA SANHITA, 2023},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {12},
        number = {7},
        pages = {7208-7213},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=189572},
        abstract = {The Bharatiya Nyaya Sanhita, 2023 represents a major reform in India’s criminal justice system, intended to modernise and rationalise criminal law in accordance with present-day social and technological developments. This legislation replaces the Indian Penal Code, 1860 and is complemented by the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023, which have substituted the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 respectively. Collectively, these enactments aim to overcome the limitations of colonial-era laws that had become outdated, complex, ambiguous, and largely offender-centric.
The IPC, though foundational for over a century, failed to adequately address contemporary socio-economic realities, technological advancements, and procedural inefficiencies. In response, the BNS restructures substantive criminal law by reducing the number of provisions from 511 to 358 sections. It introduces 21 new offences, enhances punishments in 41 offences, increases fines in 82 offences, prescribes mandatory minimum sentences for 25 offences, incorporates community service as a form of punishment for certain offences, and removes 19 obsolete provisions. These reforms seek to streamline criminal law and promote efficiency while strengthening victim-centric justice.
Despite its progressive intent, the BNS has notable shortcomings. Marital rape continues to remain outside the scope of criminalisation, and offences such as rape, sexual harassment, and stalking retain gender-specific definitions. Criminal defamation has been retained, and the omission of Section 377 has led to concerns regarding the decriminalisation of bestiality and non-consensual same-sex acts. Further, the offence of sedition has been replaced with provisions penalising acts endangering the sovereignty, unity, and integrity of India, raising questions regarding continuity and interpretation. The legislation also fails to adequately address emerging issues such as the use of facial recognition technology and suffers from implementation challenges due to insufficient training of police and judicial personnel.
An important conceptual shift reflected in recent reforms is the growing emphasis on restorative justice. Unlike the traditional retributive model, restorative justice focuses on repairing harm, fostering reconciliation, and ensuring offender accountability. Victims are actively involved in the process, enabling them to express the impact of the offence and engage directly with offenders. Offenders, in turn, are required to accept responsibility, express remorse, and participate in restoring the harm caused.
Restorative justice mechanisms, including restorative meetings and mediated dialogues, promote open communication and collaborative problem-solving among victims, offenders, and community stakeholders. Although not suitable for all offences, this approach has proven effective in promoting victim healing, facilitating offender rehabilitation, and reducing recidivism. Consequently, restorative justice presents a more humane and socially responsive alternative to purely punishment-oriented criminal justice systems.},
        keywords = {Bharatiya Nyaya Sanhita, 2023, Criminal Law Reform in India, Colonial Legacy and Legal Transition, Victims’ Rights, Restorative Justice Framework},
        month = {December},
        }