Justice In Transition: Examining India’s Judicial Reforms Under The BNS, BNSS, And BSA
- IJLLR Journal
- Aug 31
- 1 min read
Georgiya Mariya George, BBA LLB, LLM
ABSTRACT
Delivery of justice constitutes the pillars of democratic government, safeguarding constitutional rights, enforcing the rule of law, and ensuring social harmony. In India, with a huge and heterogeneous population, the delivery of justice is both a constitutional obligation and a social requirement. In this Article, the delivery system of justice in India is critically analyzed through an exploration of its constitutional basis, institutional frameworks, and emerging trends, along with systemic issues and recent reforms.
New trends like judicial activism, extension of Article 21 to cover socio-economic rights, and development of Public Interest Litigations (PILs) have made the judiciary a tool of social justice. At the same time, technological incorporation—e-filing, online hearings, and e-evidence—has computerized the judicial process, although it also creates issues of a digital divide. Alternative Dispute Resolution (ADR) processes like arbitration, mediation, and Lok Adalats have also helped in minimizing pendency and increasing efficiency.
In spite of these advancements, systemic issues like backlogs in cases, meager judge-to-population ratios, and constrained prosecutorial autonomy continue to exist. A comparison with the United States serves to underscore potential lessons such as more extensive plea bargaining and greater prosecutorial independence. The launch of the three new criminal codes in 2023—the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—is a watershed reform, with a focus on time-bound trials, cyber evidence, and victim-justice.
The paper concludes that though India's delivery system is changing, meaningful implementation of reforms, investment in infrastructure, and better legal aid are still needed to implement accessible and timely justice.
Keywords: Justice delivery, Indian Judiciary, BNS, BNSS, BSA
