REFORMS IN THE INDIAN CRIMINAL JUSTICE SYSTEM: COLONIAL LEGACIES, NEW LEGISLATION, AND ONGOING CHALLENGES

India’s criminal justice architecture – built on the British-era Indian Penal Code (IPC) of 1860, the 1973 Code of Criminal Procedure (CrPC), and the 1872 Evidence Act – underwent its most radical overhaul since independence in July 2024. Three new central statutes (Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023) replaced the IPC, CrPC, and Evidence Act, introducing modernized offences and procedures. These reforms aim to address chronic problems (overloaded courts, high undertrial populations, outdated laws, and low conviction rates) through faster trial timelines, digital evidence integration, victim-centred provisions, and new offences (gang rape of minors, mob lynching, false promise of marriage, etc.). However, significant systemic issues remain – police capacity and accountability, forensic infrastructure, prison overcrowding, and institutional capacity – raising concerns that legislative change alone may not realize its promise without extensive training, investment, and safeguards. This paper reviews the genesis, content, and context of these reforms, synthesizes recent literature, and discusses their early reception and outstanding challenges.