A Critical Study On The Advantages And Challenges In Implementing The Three New Indian Criminal Laws (2023)

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Dhruv Vijay, Anangpuria Law School, Dhauj, Alampur, Faridabad

ABSTRACT

This research paper delves into the comprehensive changes brought about by the three newly enacted Indian criminal laws — the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). These statutes have replaced the long-standing colonial-era legal frameworks: the Indian Penal Code (1860), the Code of Criminal Procedure (1973), and the Indian Evidence Act (1872) respectively. The introduction of these laws marks a significant shift in India's criminal justice system, aiming to make it more relevant to the 21st century and aligned with the nation's evolving democratic and constitutional values. This paper critically examines the potential benefits associated with these legal reforms. Among the most noteworthy are the modernization of legal procedures, the inclusion of a victim-centric approach, and the emphasis on digital integration to ensure faster, more transparent, and accountable processes. Features such as time-bound investigations, digital FIR registration, use of forensic tools, and enhanced rights for victims reflect an effort to address the inefficiencies of the old system. At the same time, the paper also explores the practical challenges in implementing these new laws. These include the lack of adequate digital infrastructure, especially in rural and semi-urban areas, the urgent need for training and capacity-building among police, judiciary, and legal professionals, and the general lack of public awareness about the key changes introduced. By evaluating both the advantages and hurdles, this study aims to present a balanced perspective that can assist policymakers, legal practitioners, and law enforcement agencies in facilitating a smoother transition. It also proposes recommendations for effective implementation and sustainable legal reform in the Indian criminal justice system.

Keywords: Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, Criminal Justice system, Digital Infrastructure