The Indian Criminal Law Reforms Of 2024: An Analysis Of Human Rights And Judicial Implications
- IJLLR Journal
- Jan 9, 2025
- 1 min read
Tehsin Ginwala, NTVS'S College of Law and Legal Research, Nandurbar
ABSTRACT
The reforms of 2024 in the criminal justice system of India aims to decolonize the criminal legal framework. The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam are drafted to address human rights issues within criminal jurisprudence. This paper critically evaluates key changes introduced by these statutes with respect to human rights standards. Inclusion of ‘transgender’ persons in the definition of gender, replacing ‘unsound mind’ with ‘mental illness’, penalization of exploitation of children reflect the objective of inclusivity of marginalized groups and protection of the vulnerable. However, these provisions also raise human rights challenges. Provisions of handcuffing, remand and bail provisions may inadvertently create human rights concerns. The paper highlights these concerns emphasizing on the requirement of judicial interpretation of ambiguities. Inclusion of Zero FIR and an opportunity of being heard given to accused before Magistrate takes cognizance of an offence are also progressive aspects of the changes. Success of the reforms will heavily rely on judicial scrutiny and effective implementation by law enforcement agencies. The reformation is a significant step towards a human centric criminal justice system safeguarding the rights of both- the victim and the accused.
