Decolonizing The Penal Code: A Review Of India’s New Criminal Jurisprudence
- IJLLR Journal
- Mar 23
- 2 min read
Ashish Kaushik, Assistant Professor, Institute of Legal Studies, Ch. Charan Singh University, Meerut, U.P., India
Tripti Sharma, LL.B., Institute of Legal Studies, Ch. Charan Singh University, Meerut, U.P., India
ABSTRACT
The enactment of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) in 2023 marks one of the most transformative moments in India’s criminal justice system. By replacing the Indian Penal Code of 1860, the Code of Criminal Procedure of 1898, and the Indian Evidence Act of 1872, these reforms symbolize a conscious effort to move away from colonial legacies and towards a justice system more responsive to contemporary needs. While earlier amendments attempted to adapt outdated laws, they often failed to address systemic problems such as procedural delays, rigid trial mechanisms, and insufficient recognition of technological advances.
The article highlights how the new criminal laws attempt to correct these deficiencies by introducing time-bound trials, giving wider acceptance to electronic evidence, strengthening victim-centric provisions, and modernizing the language of criminal statutes. These reforms are also significant in their aspiration to promote transparency, efficiency, and restorative justice. Yet, they raise important questions: Do these laws truly embody decolonization, or do they continue the old framework under a different label? Will procedural stringency ensure swifter justice, or will it burden already strained institutions? These questions lie at the heart of the analysis that follows.
By critically and comparatively analyzing the New Criminal Laws, 2023, this article aims to evaluate their strengths and shortcomings, assess their constitutional validity, and highlight their impact on legal education, citizen rights, and governance. It also situates these laws within the larger vision of India’s evolving democracy — one that aspires to uphold fairness, accessibility, and technological adaptation. Ultimately, the success of these reforms will depend on their implementation, judicial interpretation, and institutional readiness.
Keywords: Colonial legacy, Bharatiya Nyaya Sanhita, Criminal Justice Reforms, Comparative Law, Case Law Analysis
