COMPARATIVE ANALYSIS OF IPC AND BNS IN FORENSIC MEDICINE: A REVIEW

The Indian Penal Code, a reflection of British criminal law, was originally designed to exert control over and punish rather than protect Indian citizens. Recognizing the need for legal reform to align with contemporary societal values, the Union Government of India has initiated a series of amendments. The Minister of Home Affairs presented three bills in the Lok Sabha aimed at replacing outdated colonial-era laws: the Bharatiya Nyaya Sanhita Bill 2023, Bharatiya Nagarika Suraksha Sanhita Bill 2023, and Bharatiya Sakshya Bill 2023, which target the IPC 1860, CrPC 1973, and Indian Evidence Act 1872 respectively[1]. The introduction of the Bharatiya Nyaya Sanhita (BNS) of 2023 seeks to address these issues and introduce crucial amendments to better serve the Indian populace. Over time, the Indian Penal Code (IPC) has undergone amendments to introduce new offences, modify existing ones, and adjust punishment severity. Courts have also decriminalized certain acts, such as consensual intercourse between same-sex adults, adultery, and attempted suicide. Additionally, several states have made amendments to the IPC, prescribing varying punishments for offences like sexual crimes, trafficking minors for prostitution, food and drug adulteration, and desecration of religious texts. Various Law Commission reports have suggested IPC amendments, covering areas such as crimes against women, food adulteration, and the use of the death penalty. Comparing the Bharatiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC) in the context of forensic medicine involves examining how each legal framework addresses the collection, handling, and use of forensic evidence in criminal investigations and trials.