Abstract:
The Indian criminal justice system has undergone a significant statutory shift with the enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Adhiniyam, 2023 (BSA), replacing the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872 respectively. While the government touts this development as a long-overdue decolonization of Indian criminal law, scholars and practitioners have raised pressing concerns about whether these changes reflect genuine reform or are merely symbolic. This paper examines the objectives, structure, and practical impact of the new laws, critically analyzing whether they introduce substantive transformation or merely repackage colonial concepts under indigenous labels. Through doctrinal and comparative analysis, this study interrogates whether the legislative overhaul reflects a paradigmatic shift or a cosmetic transition in India’s legal landscape.
Keywords:
Bharatiya Nyaya Sanhita, Criminal Law Reform, BNSS, BSA, IPC, CrPC, Evidence Act, Legal Rebranding, Constitutional Morality.
I. Introduction
The Indian criminal legal system has long been critiqued for its colonial origins, outdated procedures, and systemic insensitivity towards victims. With the introduction of the BNS, BNSS, and BSA, the Union Government of India claims to have taken a revolutionary step in reshaping the framework of criminal justice. These new legislations, which came into force on 1st July 2024, aim to do away with archaic elements and replace them with laws tailored to a modern, democratic India.
However, despite the new nomenclature and select provisions indicating progress, the bulk of these statutes mirror their predecessors. This raises an important question: Are these enactments genuine reforms of criminal law principles, or are they largely rebranded texts with cosmetic changes? This paper attempts to answer this through a multi-dimensional lens.