New Criminal Laws and Citizen Rights: Opportunities and Concerns in India

Abstract

The recent overhaul of India's criminal justice system, marked
by the introduction of the Bharatiya Nyaya Sanhita, Bharatiya
Nagarik Suraksha Sanhita, and Bharatiya Sakshya
Adhiniyam, represents a significant paradigm shift intended
to modernize and streamline legal procedures. This
comprehensive legislative reform aims to replace colonial-era
statutes with laws more attuned to contemporary societal
needs and constitutional values. Specifically, the Bharatiya
Nyaya Sanhita of 2023 supersedes the Indian Penal Code of
1860, introducing substantial modifications to the country's
primary penal law. This new Sanhita, while intended to
reduce redundancy and update legal frameworks, has
introduced 21 new crimes, extended imprisonment durations
for 41 offenses, and increased fines for 82 crimes, alongside
implementing minimum punishments for 25 specific
infractions. This extensive revision necessitates a critical
examination of its congruent and divergent features when
compared to the Indian Penal Code of 1860, as well as
relevant judicial developments, to assess its potential impact
on citizen rights. The transition to the Bharatiya Nyaya
Sanhita 2023 from the Indian Penal Code of 1860 signifies a
profound transformation in India's legal landscape,
necessitating careful scrutiny of its implications for
fundamental rights.