"Transforming India's Criminal Justice System: An Analysis of the New Criminal Laws, Procedural Reforms and Emerging Challenges"
Year: 2026
Type: article
Abstract: “Transforming India’s Criminal Justice System: An Analysis of the New Criminal Laws, Procedural Reforms and Emerging Challenges” Dr. Shiv Pujan Singh* The criminal justice system is a vital tool for upholding public order, defending individual liberty, guaranteeing responsibility, and providing victims of crime with justice. The Bhartiya Nyaay Sanhita, 2023 (BNS), the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), and the Bhartiya Sakshya Adhiniyam, 2023 (BSA) are three new criminal laws in India that significantly transform the country's criminal justice system. With effect from July 1, 2024, these statutes superseded the Indian Penal Code, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, respectively, subject to applicable commencement and transitional provisions. The new Framework aims to modernize criminal legislation, support technology-assisted investigations and trials, bolster forensic investigations, identify digital and electronic evidence, increase procedural efficiency, and improve victims' standing in the criminal justice system. Important issues pertaining to constitutional protections, police authority, arrest and imprisonment, fair trials, privacy, the validity of the evidence, access to legal counsel, and institutional capacity are also raised by these reforms. This article critically examines how the substantive provisions of the BNS, procedural innovations of the BNSS, and evidentiary reforms of the BSA have transformed criminal justice in India. Menka Gandhi V. Union of India, DK Basu V. State of West Bengal, Hussain Ara Khatoon V. State of Bihar, Lalita Kumari V. Government of Uttar Pradesh, Arnesh Kumar V. State of Bihar, and Satyendra Kumar Antil V.CBI, etc are among the pertinent Supreme Court verdicts that are examined. The paper makes the case that successful implementation, judicial supervision, institutional responsibility, educational infrastructure, and the preservation of human dignity are all necessary for criminal justice reform to succeed. It comes to the conclusion that a contemporary criminal justice system has to strike a balance between effective law enforcement, constitutionalism, fairness, transparency, and victim-sensitive justice. *Assistant Professor, Department of Law, DDU Gorakhpur University, Gorakhpur.
Author: Dr. Shiv Pujan Singh
Institution: Deen Dayal Upadhyaya Gorakhpur University
Language: English
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7225586447