BEYOND COLONIAL SHADOWS: A CRITICAL STUDY OF WOMEN’S EMPOWERMENT AND SAFETY UNDER BHARATIYA NYAYA SANHITA, 2023

INDIAN JOURNAL OF LEGAL REVIEW

BEYOND COLONIAL SHADOWS: A CRITICAL STUDY OF WOMEN’S EMPOWERMENT AND SAFETY UNDER BHARATIYA NYAYA SANHITA, 2023

BEYOND COLONIAL SHADOWS: A CRITICAL STUDY OF WOMEN’S EMPOWERMENT AND SAFETY UNDER BHARATIYA NYAYA SANHITA, 2023

AUTHOR – MR. DEEPAK,ASSISTANT PROFESSOR, J C COLLEGE OF LAW, BAHADURGARH. HARYANA

BEST CITATION – MR. DEEPAK, BEYOND COLONIAL SHADOWS: A CRITICAL STUDY OF WOMEN’S EMPOWERMENT AND SAFETY UNDER BHARATIYA NYAYA SANHITA, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 740-745, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I880

ABSTRACT

For over a century and a half, India’s legal system relied on a colonial-era code that often felt disconnected from the lived realities of modern Indian women. The Bharatiya Nyaya Sanhita (BNS), 2023, is more than just a legislative update; it is an effort to finally move past the 163-year-old IPC and build a justice system that truly understands our society. It is a “heart-centered” attempt to fix a deep-seated contradiction: living in a culture that honors the feminine while simultaneously struggling with systemic violence against women.

This paper takes a close look at the flaws of the old system where laws often lacked the nuance to handle 21st-century threats like digital stalking, voyeurism, and deceptive exploitation. By moving toward these new laws, we are seeing a fundamental shift in how the law views women not as “passive victims” in need of pity, but as empowered citizens with the right to safety and dignity.

We explore the practical changes brought by the BNS, such as the long-awaited legal recognition of “sex under false promises” and much stronger safeguards for minors. These reforms aren’t happening in a vacuum; they are part of a larger push by the government to create a justice system that actually listens to and supports survivors.

However, a law is only as strong as its execution. This study emphasizes that while the BNS is a powerful tool, its true success depends on us as a society on breaking down the social stigma that surrounds reporting crimes and ensuring these protections reach every corner of the country. Ultimately, the BNS is a vital bridge to a future where every woman in India can live with the respect and security she deserves.

Keywords: BNS 2023, Digital Evidence, Gender Justice, Section 69, Women’s Safety, Cybercrime, BSA 2023

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