Author: Sakshi Garg, Lawyer
ABSTRACT
Colonial legislation such as the Indian Penal Code (1860), the Code of Criminal Procedure (1973), and the Indian Evidence Act (1872) have long governed India’s criminal court system. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam are three groundbreaking legislative reforms that the Indian government introduced in 2023 after realizing the need for modernization and contextualization. With a more victim-focused, efficient, and technologically connected judicial system, these new laws aim to replace its colonial equivalents. The purpose of this study is to critically examine the revision and repeal of present criminal statutes, review the principal components of the new legislation, and assess their real-world effects. The study compares the new and old statutes, noting significant changes in definitions, procedural time frames, admissibility of cyber evidence, and a stronger emphasis on citizen rights and fast justice. The results show that, while the reforms provide many benefits, such as faster investigations, computerized judicial procedures, and broader protection for disadvantaged groups, they also present significant obstacles. These include infrastructure limits, legal professionals’ reluctance to change, ambiguities in some clauses, and the possibility of abuse from enhanced executive power. Overall, the legal amendment represents a progressive but complex adjustment. With proper implementation, including adequate training, infrastructure, and public awareness, these measures have the potential to significantly enhance India’s criminal justice delivery system. Their success, however, will be contingent on ongoing political will, institutional readiness, and vigilant oversight.
Keywords: Amendment, Repeal, Criminal Law, Challenges, Benefits.
