Journal of Islamic Law and Legal Studies
Vol 3 No 1 (2026): Journal of Islamic Law and Legal Studies

Environmental Crimes and Green Justice under India’s Bharatiya Nyaya Sanhita and BNSS

Neeraj Kumar (Dewan Law College Meerut)
Sourabh Sri Mala (BDS School of Law Meerut)



Article Info

Publish Date
30 Jun 2026

Abstract

The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a significant transformation in India’s criminal justice system. Although environmental protection in India has traditionally been governed by specialized environmental statutes, the newly enacted criminal laws also contain provisions capable of addressing environmental crimes and ecological harm. This article examines the role of the BNS and BNSS in promoting environmental accountability and strengthening green justice within India’s legal framework. The study adopts a doctrinal and analytical legal research methodology based on statutory interpretation, constitutional analysis, and judicial precedents. The research finds that provisions relating to public nuisance, water pollution, atmospheric contamination, hazardous substances, and acts likely to spread disease collectively establish a broader criminal law framework for environmental protection. Judicial interpretation of Article 21 of the Constitution, together with principles such as the polluter pays principle, precautionary principle, and sustainable development, has further strengthened environmental jurisprudence in India. The article argues that the BNS and BNSS contribute toward mainstreaming environmental protection within criminal law, but effective enforcement, institutional coordination, and stronger implementation mechanisms remain necessary for achieving sustainable environmental justice.

Copyrights © 2026






Journal Info

Abbrev

ShariaLex

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Journal of Islamic Law and Legal Studies is a scholarly publication dedicated to exploring the intricacies of Islamic law within contemporary legal contexts. The journal serves as a platform for researchers, scholars, and practitioners to delve into various aspects of Shariah, offering critical ...