Abstract

This paper explores the transformative potential of three significant legal enactments in India—Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), all instituted in 2023. These reforms, aimed at revamping the archaic legal system inherited from the British era, are pivotal in addressing the pressing issue of women’s safety amidst rising gender-based violence. This study utilises a qualitative legal framework analysis to examine the newly introduced BNS, BNSS, and BSA (2023). Primary sources, such as official legislative texts, and secondary sources, including legal commentaries and scholarly articles, are used for a systematic content analysis. This methodology helps pinpoint vital legislative changes to bolster women’s safety. Our results indicate that the BNS, BNSS, and BSA introduce comprehensive and far-reaching changes to the criminal justice framework, significantly overhauling crime reporting, investigation, and evidence-gathering procedures with an enhanced focus on women’s security. These laws establish more precise definitions of gender-based crimes and offer more stringent penalties for offenders, coupled with protective mechanisms for victims, providing a comprehensive approach to women’s safety. These legislative changes’ reformative steps significantly enhance the procedural, substantive, and evidential aspects of the law, with a focus on expediting processes and integrating digital evidence. However, the success of these measures largely hinges on their implementation, which must navigate the challenges of resource allocation, technological infrastructure development, and shifting societal attitudes towards gender and safety.

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