Abstract
Abstract
The Indian Penal Code (IPC), 1860 has changed over time through amendments, court rulings, and state-level adjustments. The IPC of 1860, India's primary criminal law, has evolved through amendments and court rulings and it covers various offenses, from bodily harm to disturbances of public order, with varying punishments. The comparative study aims to explore and organize recent legal developments in India's criminal justice system comprehensively. The Bharatiya Nyaya Sanhita (BNS) 2023 replaces the IPC, retaining core elements while introducing new definitions, gender equality, and modern offenses and adding new offenses with harsher penalties while removing out-dated ones. It aligns with Supreme Court decisions and addresses contemporary issues like organized crime, terrorism, sexual offenses against women, and mob Lynching. Although it prioritizes offenses against the body, property, women, children, murder, and the state, it lacks provisions for cybercrimes. Notable changes include the abolition of sedition, alignment with Supreme Court decisions, and enhanced penalties for offenses endangering national sovereignty. However the researcher identified the BNS's overlap with specialized laws creates redundancy and compliance burdens, necessitating streamlining to reduce regulatory inconsistencies.
Researcher identifies the analogy between physical crimes and cybercrimes and proposed the Cyber-Crimes against women, children, state, human body property ,modern cybercrimes targeting death, and next-generation technologies to be embedded into BNS 2023.Notably, except for sections 2(8), 78, and 111 of BNS 2023, the proposed cybercrimes remain unaddressed, neither explicitly nor implicitly, in the legislation. The researcher's analysis of the BNS compared to the IPC suggests alignment between the new and old laws but recommends new cyber-crimes related to physical crimes in the BNS to better handle cybercrimes. Lastly researcher proposed the amendments in Bharatiy Sakshya Adhiniyam (BSA), 2023 to support BNS for digital forensic cases. The future direction should be the amendment of The BNS 2023 to include specific provisions for various proposed cybercrimes, reflecting the evolving nature of cyber threats and technologies. This can ensure that the legal framework remains relevant and effective in prosecuting cybercriminals.