From Colonial Control To Constitutional Justice: An Evaluation Of The Ideological Shift Under India’s New Criminal Laws
Sameer Singh, Ph.D. Scholar (Law), School of Legal Studies, BBD University, Lucknow
Dr. Trishla Singh, Assistant Professor, School of Legal Studies, BBD University, Lucknow
ABSTRACT
India’s criminal justice system has historically been rooted in colonial objectives of control, deterrence, and administrative convenience rather than constitutional values of liberty, dignity, and fairness. The replacement of the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872 with the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023 marks a decisive legislative moment in India’s legal history. This article critically examines whether these new criminal laws represent a genuine ideological shift from colonial governance to constitutional justice or merely a symbolic transformation through renaming and selective reforms. Through doctrinal analysis and constitutional scrutiny, the article evaluates changes relating to punishment philosophy, procedural safeguards, victims’ rights, evidentiary standards, and the balance between State power and individual liberty.
