Legal Evolution in India: Transitioning from Colonial Legacies to New Frontiers- An In-depth Analysis of Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill in 2023

12 Pages Posted: 17 Jan 2024

See all articles by Chitranjali Negi Advocate

Chitranjali Negi Advocate

Supreme Court of India ; Santaniello International

Date Written: December 28, 2023

Abstract

This research paper delves into the profound transformation of India's legal landscape, encapsulating the journey from colonial-era statutes to contemporary legal frameworks. Focused on the pivotal legislative reforms embodied in the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Bill (BSB) in 2023, the study precisely examines the historical context, motivations, and intricacies of these legislative overhauls. The narrative begins with a historical exploration, shedding light on the colonial origins of India's legal system and the persistent remnants of antiquated laws. The analysis unfolds against the backdrop of increasing crime rates and the evolving nature of offenses facilitated by digital advancements, necessitating comprehensive amendments.

The paper scrutinizes the key provisions of the BNSS, which aims to replace the outdated Code of Criminal Procedure, the BNS, set to replace the Indian Penal Code, and the BSB, poised to supplant the Evidence Act. It assesses the significant changes in the number of sections, the incorporation of digital records, and the imperative shift towards forensic science and evidence collection.

The legal evolution's core lies in the nuanced approach to safeguarding the rights of women and children, with stringent punishments for transnational gangs, organized crime, and sexual offenses. The introduction of the death penalty for crimes against girls below 18 and the redefined sedition laws underscore the commitment to justice and national integrity. Furthermore, the paper scrutinizes the procedural aspects, emphasizing the mandatory digitization of the criminal justice system, the role of forensic science, and the heightened accountability of law enforcement. The proposal for summary trials to alleviate the burden of pending cases in District Courts and the emphasis on timely notification of charges demonstrate a commitment to expeditious justice.

In conclusion, this research paper provides a comprehensive analysis of the transformative legal landscape in India. It navigates through the historical underpinnings, scrutinizes the intricacies of the proposed bills, and envisions the potential impact on justice delivery. The study contributes to the discourse on legal reform, emphasizing the need for effective implementation to realize the envisioned evolution in India's legal sphere.

Keywords: Legal Evolution Colonial Legacies Bharatiya Nyaya Sanhita Bharatiya Nagarik Suraksha Sanhita Bharatiya Sakshya Bill Indian Penal Code (IPC) Code of Criminal Procedure (CrPC) Indian Evidence Act Legal Reforms Criminal Justice System Constitutional Amendments Judicial System Legislative Changes Modern

JEL Classification: K00, K14, K40, K42, K49

Suggested Citation

Negi, Chitranjali, Legal Evolution in India: Transitioning from Colonial Legacies to New Frontiers- An In-depth Analysis of Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill in 2023 (December 28, 2023). Available at SSRN: https://ssrn.com/abstract=4677357 or http://dx.doi.org/10.2139/ssrn.4677357

Chitranjali Negi (Contact Author)

Supreme Court of India ( email )

New Delhi, 110001
India

HOME PAGE: http://www.legalsl.com

Santaniello International ( email )

Viale Carlo Felice Italy, ROME 00185
Italy

HOME PAGE: http://www.legalsl.com

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
431
Abstract Views
838
Rank
128,007
PlumX Metrics