Legal Evaluation In Reforming India's Criminal Justice System: Evaluating The New Criminal Laws

Sanket Mohapatra, Advocate, High Court of Karnataka & Legal Counsel – Reliance Jio

Introduction:

The Bharatiya Nyaya Sanhita, 2023, along with the Bharatiya Nagrik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023, collectively represent a significant overhaul of India's criminal justice system. These legislative reforms aim to address the shortcomings of the existing approach and expedite the resolution of criminal cases pending in trial courts. In this article, we evaluate the merits and demerits of the Bharatiya Nyaya Sanhita, focusing on its implications for the Indian police system and the backlog of criminal cases.

Additionally, community service is offered as a punishment, promoting restorative justice and alternatives to incarceration. While sedition is removed, provisions safeguarding India's sovereignty, unity, and integrity remain intact. Organised crime is now recognised as an offence, encompassing various illegal activities including cyber crime carried out by crime syndicates. Moreover, mob lynching is introduced as a distinct offence, reflecting concerns over communal violence and vigilantism. These changes aim to modernise the legal system, address emerging threats, and promote justice and security in society.