What the introduction of the Bharatiya Nyaya Sanhita (BNS) means for law schools

The introduction of the BNS will require courses to be updated to reflect the changes and retraining teachers

The replacement of the Indian Penal Code with the Bharatiya Nyaya Sanhita (BNS) has an impact how law is taught and practised. The IPC, created in 1860, has been the backbone of criminal law in India. Despite being updated, it reflects its outdated origins and doesn’t address many of today’s legal challenges. The need for BNS comes from the urgency to modernise India’s legal system to handle issues like cybercrime, environmental law, and human rights.

BNS brings in many important changes, such as clearer definitions of crimes, simpler procedures, and tougher penalties for crimes against women and children and also covers new areas such as cyber offenses and organised crime, and includes international human rights standards. The code also adopts modern ideas of restorative justice, focusing on rehabilitation and reformation instead of just punishment.

Making the shift

Switching to BNS will require big changes in law school programmes. Courses will need to be updated to reflect new legal rules and principles. This will be challenging, as it involves retraining teachers and updating materials. It provides many new case studies and legal scenarios for students that offer practical insights and help them navigate the changing legal landscape.

To connect theoretical knowledge with real-world application, law schools must emphasise internships and practical programmes that will allow students to work directly with the new legal code, helping them understand it better and prepare for professional practice.

Navigating the new legal landscape will require new skills, such as understanding digital forensics, cyber laws, and international human rights standards. Law schools must integrate technology into their programmes, teaching students to use legal databases, digital tools, and cyber forensic techniques.

New avenues

BNS also highlights the importance of ethical conduct and professionalism. This includes understanding the ethical implications of new legal rules and maintaining integrity in all professional dealings. The introduction of BNS opens new opportunities for academic research. Comparative legal studies, examining the differences between IPC and BNS and exploring their impacts will be a rich field of study. Research on human rights law, as included in BNS, will also become more prominent.

Policy analysis will become increasingly important, as scholars examine how BNS affects existing legal policies and helps develop new ones. The implementation of BNS will create diverse career opportunities in litigation, academia, consultancy, and policy-making. Lawyers trained under the new code will be well-equipped to handle a wide range of legal issues and better prepared to engage with international legal systems, participate in global legal discussions, and contribute to the development of international law.

The introduction of BNS represents a foundational shift for law students that will shape careers and professional paths. By embracing the changes and innovations, the next generation of lawyers will be well-prepared to uphold justice, tackle modern legal challenges, and contribute to the global legal community.

The writer is Vice Chancellor at Symbiosis International (Deemed University).

Published - October 06, 2024 03:00 pm IST