Rabindra K. Mohanty (Professor and Head, Sociology)
Dept. of Sociology, Mizoram University, India
Email: [email protected]
Shamita Mohanty (Professor)
SOA National Institute of Law, SOA University, Bhubaneswar, India
Email: [email protected]
Abstract: This paper critically interrogates the very implications of the decolonized transformation by assessing needs, objectives and the features of Bharatiya Nyaya Samhita (BNS). The paper compares the old and the new legislation using doctrinal research methodology. To that end paper relies on a thorough review of the legal documents, commission reports, judicial pronouncements and commentaries available in news magazines and social media. Accordingly, this paper divides itself to five parts after a brief introduction. The first part deals with the avowed needs for decolonialization towards a swadeshi framework. The second part details out the stated objectives of new legislation as against the old towards a paradigm shift. The third part dealt with the nature and nuances of remedying the specific limitations of the Indian Penal Code (IPC). The fourth section delved to analyse the implications of deletion, addition and modifications of provisions. The fifth section chocks out the very implications for academia and finally the paper terminates with an overview assessment of the decolonized transformations.
Keywords: IPC; BNS; Criminal Justice System; Penology; Victim.