Reclaiming Justice: The Indianization of the Legal System in Postcolonial India
Year: 2024
Type: article
Abstract: India’s legal system, though deeply rooted in democratic principles and constitutional ideals, has long carried the legacy of its colonial past. The Indian Penal Code (1860), Code of Criminal Procedure (1898), and Indian Evidence Act (1872) were designed by British rulers to control a colonized population, not to serve a free democratic society. Despite over seven decades of independence, these colonial-era laws remained the backbone of India’s criminal justice system, often criticized for being outdated, hierarchical, and misaligned with the socio-cultural realities of modern India. In recent years, the Indian government has embarked on a mission to “Indianize” its legal system, culminating in the introduction of three new codes: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Sanhita (BSS). These laws aim to replace their colonial predecessors with a more citizen-centric, transparent, and culturally relevant framework. The Indianization process is not merely about renaming laws; it reflects a deeper effort to align legal institutions with the values of justice, inclusivity, and human dignity enshrined in the Constitution.
Author: Jay Shree
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6912152178
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