Reforming The Criminal Justice System In India: A Constitutional Imperative For Fairness, Accountability, And Access To Justice
- IJLLR Journal
- 21 minutes ago
- 1 min read
Himanshi Gahlaut, Chanderprabhu Jain College of Higher Studies & School of Law, GGSIPU, Delhi
ABSTRACT
With India marking 79 years of Independence and constitutional governance, this is a critical moment to conduct a prospective study of the criminal justice system and assess the extent to which it upholds the constitutional ideals of justice, liberty, equality, and dignity. The criminal justice system in India, despite its robust constitutional framework, grapples with serious issues including police brutality, judicial delays, undertrial detention, custodial torture, and inadequate legal aid availability.
The criminal justice system has failed to adequately safeguard provisions under Articles 14, 20, 21, and 22 of the Constitution, which guarantee the right to equality, protection from arbitrary arrest, fair hearings, and legal counsel. While the Supreme Court has attempted to address these gaps through judicial activism as evidenced in D.K. Basu v. State of West Bengal and Arnesh Kumar v. State of Bihar the effectiveness of such interventions remains limited.
In a significant development, the Government of India enacted three new Acts: The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, replacing the Indian Penal Code, Code of Criminal Procedure, and Evidence Act respectively. While these enactments purport to overhaul criminal procedure and substantive law, their capacity to fulfill constitutional objectives and safeguard civil rights remains contested.
This paper contends that criminal justice reform in India must be situated within the broader context of legislative modernization but understood fundamentally as a constitutional imperative. Only when criminal justice reform is pursued in this manner can the transformative promise of the Constitution be realized in its 79th year.
