Legal shape-shifting or reforming criminal justice system?: A comparative analysis of the old and new penal laws

On December 25, 2023 the President of India assented to the three criminal law bills that replaced the procedural and substantive provisions of the criminal law that were first enacted over 100 years ago by the British

The new criminal law acts are named the Bharatiya Nyaya Sanhita, 2023 replacing the Indian Penal Code, 1860; the Bharatiya Nagarik Suraksha Sanhita, 2023 replacing the Criminal Procedure Code, 1973; and the Bharatiya Sakshya Adhiniyam, 2023 which has replaced the Indian Evidence Act of 1872.

1. Bharatiya Nyaya Sanhita, 2023 in comparison with the Indian Penal Code, 1860

2. Bharatiya Nagarik Suraksha Sanhita, 2023 in comparison with Criminal Procedure Code, 1973

3. Bharatiya Sakshya Adhiniyam, 2023 in comparison with Indian Evidence Act, 1872

The passage of the three criminal Acts is certainly a watershed moment in India’s legal history. The new criminal justice system attempts to cleanse the criminal jurisprudence of the colonial mindset. With various deletions of colonial terminologies such as British India, Queen, British calendar, et. al. the legislature has paved the way for reforming the legislative text.

However, the criminal acts also showcase a missed opportunity, considering the vast criminal jurisprudence discussed by the Hon’ble Supreme Court and the Law Commission recommendations on topics such as marital rape, non-consensual homosexual intercourse, and gender-neutral adultery, among others.

In conclusion, the imperative for reforms in the criminal justice system is undeniable, as it represents a crucial stride towards fostering a more equitable, just and responsive society. By address systemic flaws, promoting transparency, and embracing evidence-based practices, these reforms not only safeguard individual rights but also contribute to the broader goal of cultivating a system that upholds the principles of fairness and rehabilitation. As we navigate the complex landscape of justice, implementing thoughtful reforms becomes not only a moral imperative but a practical necessity for building a society that values the dignity of every individual and strives towards a more perfect, inclusive and compassionate legal framework.

About the authors: Vikrant Rana is the Managing Partner of SS Rana & Co. Nihit Nagpal is an Associate Partner at the firm.

Akif Abidi, Senior Associate at SS Rana & Co., has assisted in research for this article.