Introduction
In July 2024, India initiated a landmark and sweeping reform of its criminal justice system, decisively ending its colonial laws by launching three transformative statutes: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) (Kumar and Jain Reference Kumar and Jain2024b). These new laws replaced the century-old Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act, ushering in a new era in Indian legal history (Kumar and Jain Reference Kumar and Jain2024a). This bold move was aimed at modernizing the legal framework to address contemporary challenges, eliminate inefficiencies, and align the criminal justice system with the constitutional values of justice, equality and liberty, making it more responsive to the evolving needs of the nation (Prime Minister’s Office 2024).
After these reforms had been underway for six months, the challenge of assessing the practical effects of these reforms took on critical importance (Kumar and Jain Reference Kumar and Jain2024c). Preliminary estimates indicate that though the BNS, BNSS and BSA have brought procedural and substantive changes to the entire process, the extent to which these can be said to address the systemic problems of trial delays, outdated penal provisions and administration of justice remains an open question (Singh Reference Singh2024a). These new legal precedents, shaped by the new statutes, look at how they have begun to influence court decisions, law enforcement practices and broader societal perceptions. It also examines the role of key stakeholders – lawyers, judges, policymakers and the general public – in embracing or challenging these changes (Goyal Reference Goyal2024).
The reform is equally important beyond the legal and procedural level – for its cultural and political implications (Sekhri Reference Sekhri2023). Such a process of replacing the colonial era’s laws with ones home-grown speaks well of India’s ability to assert sovereignty as well as modernize its legal identity (Bhat Reference Bhat2024). However, issues, such as how these changes will shape the future of India’s criminal justice system and whether they offer the promise of being more equitable, efficient and modern, appear to remain unaddressed for the present (ANI 2024).
Changes and Effectiveness
India’s criminal law system has always been anchored on colonial-era legislation, mainly through the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973 and the Indian Evidence Act of 1872. Although they were landmark legislations in their day, they began to stagnate and did not cater to contemporary challenges such as cybercrimes, organized crime and gender-based violence (Patel Reference Patel2024). This has resulted in the implementation of three landmark reforms that aim to transform the legal structure so that the criminal justice system does not remain behind the current social, political and technological advancements (Ministry of Law and Justice 2024).
The BNS brings substantive criminal law reforms that bring a simplification of offences while enhancing the penalties relating to terrorism and corruption by improving protection for women pertaining to sexual crimes and stalking (New Indian Express 2024). In order to mirror contemporary reality, new offences have been made, including organized betting and digital defamation (Abhinandan 2024). The current changes are aimed at creating a more efficient and effective legal framework in deterring criminal behaviour, while hitherto unaddressed areas are covered. Furthermore, the BNS makes the speedy delivery of justice possible by simplifying procedural complexities that have plagued the system for centuries (Deswal Reference Deswal2024).
Along with these reforms, the BNSS brings in procedural reforms to expedite trials and safeguard the rights of victims. One of the most important reforms under the BNSS is the restriction on adjournments, which has been one of the most common reasons for prolonged court cases (Bindal and Mathur Reference Bindal and Mathur2024). The aim here is to hasten the judiciary process and delay as much as possible to ensure rapid disposal of criminal cases. Another emphasis of the BNSS is on the rights of victims, who shall receive better protection and opportunities to be heard in courts of law. These efforts aim to revive public trust in the system by infusing justice into it and making justice quicker (Raje Reference Raje2024).
The BSA is modernizing rules on the admissibility of evidence in criminal trials. It brings provisions on handling digital evidence, video conferencing and forensic materials, in an attempt to make the legal system keep pace with technology (Mishra and Singh Reference Mishra and Singh2024). This modernization is critical in an age where digital crimes and cyber offences are on the rise, and reliance on physical evidence alone is no longer enough to secure convictions. The BSA also strengthens witness protection mechanisms, addressing the issue of witness tampering, which has historically hindered justice in high-profile cases (Deshpande Reference Deshpande2024).
However, despite these reforms, the effectiveness of the new criminal statutes remains mixed. These reforms aim to make significant impacts in areas such as the criminalization of politics, a critical issue in India, where almost half of its elected officials face criminal cases (ADR India 2024). The new laws require greater transparency, mandating public disclosure of criminal records during elections (Ranjan Reference Ranjan2024).
This has the effect of improving voter awareness, but the low rate of conviction of politicians – that is, 6%, according to the National Crime Records Bureau – highlights deep inefficiencies in the judicial process (Times of India 2024b). Politicians continue to take advantage of procedural delays, even though the new statutes are attempting to deal with them through streamlined procedures. Yet, the structural issues plaguing the judicial system impede full accountability. More comprehensive judicial reforms are necessary to ensure that these legislative changes bring about the intended goals and effectively address the deeply entrenched issues of corruption and criminality in Indian politics (Krishnaswamy Reference Krishnaswamy2024).
Observations since the Enactment
Since July 2024 (implementation of the criminal statutes), there have been some positive results in the area of public awareness and voter education. Campaigns on candidates’ criminal history have come out in the open so that the electorate can be sufficiently informed of their rights to demand more transparency in the whole political process (Times of India 2024a). These efforts are nurturing a better-informed electorate, ever more demanding accountability and cleaner politics from their leaders. Public awareness campaigns, combined with voter education initiatives, all contribute to shifting public consciousness toward encouraging citizens to be vigilant about the integrity of the political process (Prabhu Reference Prabhu2024).
It also initiated an extended debate within the profession of law itself as regards people’s ethical obligations and expectations of those who have or would enter public office (Ganguli Reference Ganguli2014). At present, law schools, legal seminars and conferences place even more value on political accountability, electoral reforms, and how judges might combat criminality within the politics of any administration (United Nations Development Programme 2013). That promises to be a positive development for the next generation of lawyers who will carry on this mission of implementing these new statutes and ensuring the tenets of justice and accountability. Legal professionals increasingly are finding their role in facilitating reform efforts that help maintain the integrity of political systems.
In spite of these positive changes, voter education and public information campaigns have not been effectively implemented across India. More sophisticated urban areas, where one would expect greater media and information access, are relatively better, while the lack of awareness in rural areas has long been a challenge. This digital divide, therefore, worsens regional inequalities in political participation and makes the efforts futile (Minas Reference Minas2024). Nonetheless, civil society organizations have tried to bridge this gap through grassroots movements that are meant to mobilize rural voters, among other things, while simultaneously pressurizing elected leaders to be more open (Raj Reference Raj2024). At the same time, the new statutes have brought in a variety of provisions that aim to strengthen the rights of victims, such as better access to information, zero FIR (first information report) registration, legal representation, victim compensation and protection for vulnerable victims.
Additionally, the laws are equipped with measures of witness protection, application of technology to enhance communication, and the acceleration of fast-track investigations aimed at ensuring the improvement of the overall effectiveness of the criminal justice system in providing timely and fair results for the victims (Cooper Reference Cooper2023).
Political and Bureaucratic Interference
Political and bureaucratic interference has hindered the introduction and implementation of the new criminal statutes in India. Most of its critics argue that the laws were rushed through Parliament with little debate and consultation with legal experts (Deccan Herald 2024). Opposition parties have mainly attacked the enlarged definition of terrorism under the BNS since they fear that the same might be misused to mop up political dissent, especially in states with high political unrest (Sharma and Goel Reference Sharma and Goel2024). The accusations of the misutilization of the anti-terrorism provisions in the BNS to deal with the protest leaders and civil society groups that emerged from the recent events following the People’s Movement in Madhya Pradesh in 2024 raised some critical concerns over its possible limitation of free speech and political opposition.
Implementation of new statutes, especially to support digital infrastructure necessary under the BSA for evidence reforms, has also been delayed due to bureaucratic tardiness. Many courts in India do not have the necessary technology to handle digital evidence, which defeats the very purpose of these reforms in practical application (Gupta and Bafna Reference Gupta and Bafna2024). Political interference still is a challenge that is a persistent one as the collaboration between politicians and criminal elements complicates law enforcement. Mostly, elected officials are likely to rely on those individuals who have criminal backgrounds to obtain electoral support, and it creates a cycle of dependency that undermines the implementation of legal reforms. In such circumstances, politicians find it hard to be accountable; usually, their involvement in the political process tends to hamper legal reforms (ETV Bharat 2024).
Secondly, there is a strong bureaucratic resistance against such reforms. The bureaucracy, especially in the more historically sheltered regions, acts as gatekeepers, delaying the actual enactment of laws that negatively affect their interest (Vinkenburg Reference Vinkenburg2017). It often happens that bureaucratic apathy, combined with political collusion, prevents real progress from being achieved toward actualizing the new laws. This confluence of political and bureaucratic resistance has diluted the potential impact of the laws since the culture of political corruption continues to thwart efforts toward greater transparency and accountability. Overcoming these systemic obstacles will require sustained political will at both the local and national levels as well as a concerted effort to break the nexus between politics, bureaucracy and criminality (Economic Times 2022).
Civic Engagement
Even though political and bureaucratic barriers prevail, public engagement has witnessed a growing trend since the new statutes became effective. People’s movements are mainly spearheaded by civil society actors to demand less corrupt politics as well as accountable and more translucent governance. Efforts are being directed towards holding elective representatives accountable and creating more openness in the proceedings of government service. Citizens are becoming increasingly active in demanding greater accountability from their elected representatives, and public pressure is growing for reforms aimed at restoring political integrity.
Some of the prominent outcomes of these movements have been the heightened awareness of voters about their rights. Public interest litigation (PIL) cases have snowballed as citizens used the judicial system to press legal reforms and take on the political order. Indeed, quite several PILs have been filed to keep seriously implicated candidates from contesting in polls, thereby strengthening the public appeal for cleaner politics and a demand on public officeholders to live more accountable lives. This high growth in legal activism shows the public desire for a more accountable electoral process.
However, disparities in access to information continue to hinder voter awareness, especially among rural voters. Because the Internet is still not penetrative in these regions, most citizens will be lacking information regarding the new statutes or the mechanisms they can use to hold leaders accountable. This knowledge gap poses significant effects and challenges to the effective implementation of the new laws, as widespread public participation is crucial for their success. Though the campaigns on legal awareness are gaining momentum through non-governmental organizations and government initiatives, the process is still slow, especially in rural areas, as citizens are less knowledgeable of their rights and the need for informed voting.
As a response to this challenge, legal awareness initiatives have been designed in the form of webinars, workshops and conferences to educate law students and practising attorneys about the changes brought by the new statutes. While these efforts have helped raise awareness among the legal fraternity, the general public, especially marginalized communities, is not well equipped to understand the more technical nature of laws such as the BSA. There are law schools that, very slowly, are updating the curriculum of studies based on the new criminal enactments; however, most students are continuing to concentrate their study on older law, particularly the Indian Penal Code and the Code of Criminal Procedure. Nevertheless, legal professionals, including judges, have approached this process positively, with bar associations conducting training sessions and the judges in higher courts taking the lead in interpreting the new laws. Still, there are issues of rushed implementation of some reforms.
Role of Law Students, Attorneys and Judges
The legal community’s response to the new criminal statutes has been varied. Young law students and emerging attorneys have shown a strong interest in engaging with the updated legal framework, demonstrating enthusiasm and eagerness to work within the modernized system (Furlong Reference Furlong2024). In contrast, more seasoned lawyers have been more cautious, reflecting concerns over the practical complexities of implementing the new laws. Judges, in starting to interpret and apply these statutes in their judgments, admit that full assimilation of these reforms into judicial practice will take some time. The adaptation process of the legal profession toward these changes will be gradual and shall require training as well as adaptation in the application of laws to real-life cases (MSBLaw 2022).
Law schools now play an important role in shaping the new legal professional of tomorrow to function within this new statutory environment. Institutions are now making efforts to revamp curricula that align with the new changes for future lawyers to be fully prepared and capable of coping with this ever-changing legal environment (Banerjee Reference Banerjee2024). Increased awareness programmes, discussions and debates among students reflect the growing interest in understanding electoral law, political accountability and criminal justice reforms. These are developing a more informed legal community, with students very deeply engaging with the modernized legal framework through their research and practical training (B.PAC 2024).
For practising attorneys and advocates, the new statutes present challenges and opportunities. On the one hand, reforms open new spaces of legal practice, especially within electoral law and political accountability (Thakur Reference Thakur2024). On the other hand, attorneys have to gain a deep understanding of both the laws themselves as well as the sociopolitical environment they operate in to navigate the complexity of the new legal framework. This duality of demand on lawyers makes the legal profession a bit more complicated in its practice because attorneys are now required to be abreast of both legal nuances and the general political ambience (Vajpei Reference Vajpei2023).
Judges have been given an essential role in the enforcement of the laws as they would have to interpret and apply these newly enacted statutes to fulfill their intended purpose. Nevertheless, the judiciary is confronted with various problems, such as the extremely large backlog of cases and lack of resources. This is partly dependent on whether the judiciary can adjust itself to these new statutes to deliver justice speedily and efficiently. Pragmatic implementation of the reform shall be the determining factor that may give the overall impact of its effectiveness (Thomson Reuters 2024).
Criminal Rate and Public Safety
It is still too early to assess the full impact of the new criminal statutes on crime, as the six-month assessment period is relatively short, and the full effect of all the criminal statutes can hardly be imagined in such a short duration (Vujić, Commandeur, and Koopman Reference Vujić, Commandeur and Jan Koopman2016). However, preliminary data emanating from some of these offences would indicate some effects that should be expected from these criminal statutes. For instance, a minor drop has been observed in some crime categories, especially in those committed through digital means. According to the National Crime Records Bureau, cybercrime rates saw a marginal reduction in early 2024, which law enforcement agencies attribute, in part, to the stricter penalties outlined in the BNS. This would imply that the new laws are having a deterrent effect on digital crimes, at least in the short term (Statista 2024).
While some crimes decreased, others continued. Violent crimes – murder, assault, domestic violence, among others – continued to be a significant concern and indicate that legal reforms, by themselves, will not be able to solve the problem; rather, social reforms should also be pursued (Braga et al. Reference Braga, Turchan, Papachristos and Hureau2019). Overall crime rates have not been significantly reduced in areas where political corruption and organized crime are rampant. Where such issues are deeply entrenched, the new statutes face significant implementation challenges, and violent crimes remain a thorn in the flesh. Additionally, judicial delays continue to mar the resolution of cases, thereby diminishing the deterrent effect (European Commission 2024).
The effectiveness of the new statutes is also dependent upon their effect on public safety, particularly at the witness and whistleblower levels. Provisions for witness protection feature in the new laws, though inconsistently applied, as instances of intimidation and violence against even those trying to come forward with evidence against powerful figures are common. Witness protection is key to the prosecution of political crimes, and failures in this area undermine the potential of the new statutes to reduce crime related to political corruption and violence (The Fernandez Firm 2023).
The government has accepted these challenges and has pledged to strengthen the implementation of the new laws. However, getting over these hurdles will still demand continued efforts from each branch of government, working in closer collaboration with civil society organizations and the legal profession. To achieve its full potential in improving public safety and reducing crime, a broad approach must be taken that accounts for both legal and social issues (Faulkner and Burnett Reference Faulkner and Burnett2011).
Corruption, Transparency and Accountability
The new criminal laws of India are basically aimed at curbing corruption and at promoting transparency and accountability in public life. These criminal statutes intend to serve as a deterrent in matters of political corruption through harsher penalties on bribery, embezzlement and abuse of power. Individuals engaged in corrupt practices will thus be made accountable for their acts. However, what will tell is how strictly these laws will be implemented, especially if law enforcement, prosecutors and the courts are willing to go after big fish, such as corrupt politicians. For this reason, corruption in most regions is quite deep-seated and represents a serious hurdle to this aim (PM India 2024).
Some successes have already been seen in cases of political corruption that have been pursued under the new legislation. These actions send a strong signal that the government is committed to tackling corruption. However, to realize the full potential of these reforms, much more work is needed to ensure that the laws are applied consistently and fairly, without any individual being above the law. Although these legal frameworks set the ground for dealing with corruption, it is the political will and judicial efficiency that will enforce the new statutes (Drishti IAS Reference Drishti2023a).
Transparency is another critical element of the reforms. By requiring disclosure of criminal records and financial dealings of candidates, the statutes seek to give voters information to make informed choices (Ferguson Reference Ferguson2023). However, transparency is not enough to address the source of corruption. It should be supported by strong accountability measures, including independent oversight bodies and the enforcement of anti-corruption measures. The symbolic shift towards increased visibility and fairness is represented in the unblindfolded statue of Lady Justice, an icon that represents the changing nature of justice in India. This naked, unveiled figure reminds one that justice should not only be blind but clear, accessible and accountable to all citizens (Anand Reference Anand2022).
This shift in the public’s expectations is reflected by the new demands for an open and responsive justice system. Citizens can no longer watch and are now demanding a justice system that is not only fair but also transparent in its justice (Drishti IAS Reference Drishti2023b). In short, this is an unblindfolded Lady Justice statue that thus marks this new era of justice, which is not only delivered but is seen to be delivered. This underscores the transparency and accountability that the legal and political reforms in India entail (Singh Reference Singh2024b).
Conclusion
A great leap forward has been made in the reform of the country’s criminal justice system. Given these political and financial concerns, there are many other areas where there is still much work to be done to ensure the success of the BNS, BNSS and BSA, the implementation of which has shown early signs of progress coupled with several key recommendations for further action.
The first step is to enhance judicial capacity. The new statutes should have their burden shared among the judges, with proper equipping for judicial capacity. The increased burden needs to be met by providing adequate equipment and by the preparation of technology that deals with case management. Additionally, the judiciary needs to be provided with the necessary training regarding the new legal framework. Without these foundational investments, the reforms will struggle to achieve their goals of efficiency and fairness.
Public awareness is another critical area for improvement. Public awareness campaigns are to be extended to wider areas, especially in rural areas because information access is poor there, and all citizens are to know their rights and responsibilities under the new laws. For this reason, collaborative work is needed between the government and civil society organizations, as well as the media disseminating information to every nook of the country.
Political and bureaucratic resistance to the new statutes has to be addressed head-on. Such an effort will require strong leadership both at the national and local levels. There must be mechanisms that make public officials accountable for preventing the application of laws to ensure consistency in applying laws throughout the country.
A significant challenge is the guarantee of witness and whistleblower protections since witnesses play a crucial role under the new law. Witness protection, with appropriate protection for complainants, once evidence has been presented for consideration by courts, will consequently significantly contribute to the success of the laws in combating crime. Without proper guarantees of protection, people could be discouraged from becoming involved in legal processes.
Stakeholder partnerships will be key to ensuring the successful implementation of the new criminal statutes. The government, the judiciary, law enforcement agencies and civil society organizations need to join efforts to ensure that laws are applied effectively and uniformly. There will need to be regular dialogue, coupled with the sharing of best practices, to overcome the various political corruption, bureaucratic inertia and the complexity of the new law.
An essential activity in determining their impact and the scope of improvement required will be the monitoring and evaluation of these new statutes over time. Data on the crime rate, the rate of political corruption, and judicial performance and feedback from the public and professionals in the legal fraternity will be indispensable to knowing the effectiveness of these reforms. At six months after the enactment of these laws, it is clear that changes bring modernization yet, at this time, challenges persist. The coming months will continue to provide more and more clarification regarding these enactments into uniform implementation of the laws across courts.
The fine-tuning of the laws with practical application will form the look-ahead need. This would call for the judiciary, law enforcement and even civil society to give adequate feedback on which provisions will work and which require to be amended. There is a real need to address the issue of bureaucratic delay and the misused provisions politically to assure the world that the laws should deliver justice in fairness and equity.
In conclusion, though the new criminal statutes represent an ambitious attempt to reform India’s criminal justice system, success is bound to continue with the development of judicial capacity, public awareness, political resistance and bureaucratic inefficiency. An ongoing approach with evaluation and inclusion of feedback would be vital for achieving the best out of these laws in the direction of transparency, accountability and fairness in India’s criminal justice system.
Competing interests
No potential competing interests were reported by the authors.
Pawan Kumar is an Assistant Professor at Amity Law School, Amity University, Noida, India. He has read law at the Indian Law Institute, South Asian University and Chanakya National Law University.
Kashish Jain is a legal researcher based in New Delhi and is studying law at Amity Law School, Amity University, Noida.
Bhavya Sharma is an Assistant Professor at Amity Law School, Amity University, Noida.
