Modernizing Justice – An Overview of India’s New Criminal Laws of 2024

Written by Shalini Vohra.

The new criminal laws introduced in India in July 2024 represent a significant shift in the country’s legal framework aiming at modernizing and streamlining the justice system. The changes ,introduced by the Union government , involves the replacement of three key colonial -era laws.

The Indian Penal Code (IPC) , the Code of Criminal Procedure(CrPC), and the Indian Evidence Act , with the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam, respectively.

These laws aim to make the legal system more efficient, transparent ,and responsive to the needs of contemporary Indian society. Additionally the laws aim to simplify legal language, making it more accessible to the general public and easier to interpret by legal professionals.

The primary objective of these new laws is to decolonize the Indian legal system, moving away from the framework established during British rule and towards one that is more aligned with India’s current socio-political context.

The laws aim to reduce the backlog of cases, which has been a significant issue in India’s judiciary, and to enhance the protection of individual rights by introducing stricter timelines, the reforms aim to make justice more accessible and timely for all citizens.

Legal expert Mr Pankaj Agarwal , Founder Partner Agnes One Partners LLP,New Delhi  has welcomed the change and says”The IPC was a pre-independence colonial law and required amendments to bring it to the evolving society and its requirements. The BNS is a welcome change as it not only discards the unwarranted provisions but also rationalizes the punishments for various offenses by enhancing the fines/term of punishments and in some cases prescribing for a minimum punishment.”

As the three new criminal laws come into effect , several legal experts say that there are big challenges ahead for legal professionals and law enforcing agencies. The implementation of these laws will require significant training and capacity- building efforts for legal professionals.

However, the true impact of these changes will only become clear with time , as the laws are implemented and tested in courts across the country. While the new laws have been welcomed by many  they have also faced criticism. Some critics argue about the  lack of infrastructure and underfunding  of the judiciary  as they do not address deeper systemic changes and how are they going to be interpreted by the courts, implemented and accepted by society.

The success of these reforms will largely depend on how effectively they are enforced at the ground level, which could be a challenge in many parts of India.

The changes reflect the government’s broader agenda of strengthening law and order in the country.

The BSA replacing the Indian Evidence Act includes provisions for the admissibility of digital evidence and the recognition of new forms of communication and documentation as legally valid evidence in courts. This aims to simplify the rules of evidence and reduce the complexity and length of trials.

The new criminal laws aim to create a more fair, efficient and transparent justice system. However, the true impact of these changes will only become clear with time ,as the laws are implemented and tested in courts across the country.

While these reforms hold the promise of a more just legal system, experts say their success will depend on addressing the challenges of training, enforcement and resource allocation in the coming years. The success of these reforms will depend on the consistent and fair enforcement across all levels of judiciary.