Reform Or Repackaging? A Critical Study Of India’s New Criminal Laws
- IJLLR Journal
- Jul 7
- 2 min read
Dr. Geetika Sood (Assistant Professor) Dalia Kumari (Research Scholar)*
ABSTRACT
The new three enactments namely Bhartiya Sakshya Adhiniyam, Bhartiya Nyaya Sahinta, Bhartiya Nagrik Suraksha Sahinta (2023) brought a shift into the Indian Criminal Justice System from colonial era laws to the Indianisation of the major Criminal Laws. These laws have been introduced to the system with the objective to modernise the Criminal Justice delivery system mainly emphasizing on the speedy trial process, fixed timelines, victim centric approach and the recognising the organised categories crimes. The proposed research paper focuses mainly on the critical analysis of the newly enacted Criminal Laws to find out that whether these said laws have constituted a change in reality or just the reframing of the old statutes namely Indian Evidence Act (1872), Code of Criminal Procedure (1973), Indian Penal code (1860). This paper adopts the doctrinal and analytical methodology to study and evaluates the key attributes of the new laws in comparison with the laws repealed respectively, focusing on structural changes, procedural restructuring, and shifts in legal philosophy. It further explores the extent to which these reforms ensures coherence, accountability, and accessibility within the Criminal justice system. Although the new laws have introduced the novelty in evidences by admitting the relevance of the electronic and digital evidences, time bound procedural requirements, the given analysis finds out that there is a substantial portion of the laws remained same to the earlier repealed laws, questioning the depth of the transformation expected by the said laws. Furthermore, concerns relating to implementation, potential abuse of increased state powers, and infrastructural limitations still exists. The paper deduces that while the new Criminal Laws are chief steps toward modernization, their effectiveness will depend on enforcement and how ready institutions are. The reforms seem to mix real innovation with continuity, rather than representing a complete change in India’s Criminal Justice system.
Keywords: Bhartiya Sakshya Adhiniyam, Bhartiya Nyaya Sahinta, Bhartiya Nagrik Suraksha Sahinta, Indian Evidence Act, Code of Criminal procedure, Indian Penal code, Reform vs Repackaging, Victim-Centric Justice, Legal Modernization, Digital Evidence, Indian Criminal Justice System.
