THE NEW ERA OF INDIAN CRIMINAL LAW: FROM COLONIAL CODES TO THE 2023 REFORMS

AUTHOR – TANVI MALPANI, ADVOCATE, DELHI HIGH COURT

BEST CITATION – TANVI MALPANI, THE NEW ERA OF INDIAN CRIMINAL LAW: FROM COLONIAL CODES TO THE 2023 REFORMS, INTERNATIONAL JOURNAL OF CRIMINAL JURISPRUDENCE (IJCJ), 3 (1) OF 2025, PG. 17-21, APIS – 3920 – 0012.

ABSTRACT

The Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act (IEA) of 1872, which were colonial-era regulations that formerly governed the country’s criminal justice system, have long needed to be modernised in order to meet the demands of modern society.  The current criminal laws from July 2024 were replaced by three historic statutes passed by the Indian Parliament in December 2023: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA). By modernising legislative definitions, imposing stronger penalties for severe crimes, incorporating digital technology into investigations and court proceedings, and encouraging procedural efficiency, these reforms seek to fortify the criminal justice system. The BNS emphasises restorative justice through community service and implements comprehensive measures against crimes that target women, children, and organised criminal organisations.  The BNSS requires forensic involvement, establishes strict investigative and judicial timetables, and guarantees trial results are transparent.  Expert witnesses and digital evidence are given greater significance in court proceedings because of the BSA. Notwithstanding these progressive reforms, challenges still exist, such as inadequate police training, deficiencies in the forensic infrastructure, overlapping laws, and the partial acceptance of contemporary ideas like gender-neutral definitions of sexual offences.  The main features of the 2023 changes, their ability to update Indian criminal law, and the real-world obstacles to their successful implementation are all examined in this article.

Key Words: Indian criminal law, Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, Bharatiya Sakshya Adhiniyam 2023, criminal justice reform, legal modernization, IPC amendments, procedural efficiency, legal infrastructure