The New Criminal Laws

By : Justice (Retd.) Madan B. Lokur

Page No: 137-156

Abstract
This article critically examines India’s recent overhaul of its criminal justice framework through the enactment of the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023, which replace colonial-era laws governing substantive offences, criminal procedure, and evidence. The study situates these reforms within the broader objective of decolonisation, modernisation, and alignment with constitutional values of justice, equity, and efficiency. It highlights key innovations, including the recognition of electronic evidence, digitisation of procedures, time-bound investigations and trials, victim-centric measures, and the introduction of reformative punishments such as community service. At the same time, the article undertakes a comparative analysis with prior statutes to reveal areas of continuity alongside significant structural and conceptual shifts. It also critically engages with emerging concerns, including expanded police powers, potential vagueness in provisions relating to state security, infrastructural limitations, and ambiguities in transitional application. The article argues that while these reforms mark a watershed moment in Indian criminal jurisprudence, their success depends on effective implementation, institutional capacity-building, and maintaining a balance between state authority and civil liberties.

Author
Justice (Retd.) Madan B. Lokur : Former Judge of the Supreme Court of India.