Replacing the Colonial Legacy: An Analysis of the Transition from IPC, CrPC and Evidence Act to Bharatiya Criminal Codes

Abstract

The implementation of the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 has been a major shift in the way criminal justice is administered in India. These legislations supersede the colonial era laws such as the Indian Penal Code of 1860, Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872 which were in force in India for a long period and covered the content of substantive criminal law, criminal procedure, and the evidentiary standards. The transition is the Government's effort to decollonise the criminal justice system and bring it in line with the constitutional morality, technology and needs of society. This article critically analyzes the philosophical underpinnings, structural changes and implications of the new Bharatiya criminal codes. It considers the key changes to the colonial model, such as the replacement of community service and the formalisation of organised crime and terrorism, the digitalisation of the criminal process, the modification of evidence and the improvement of victim-centred approaches. The study also assesses whether the new acts will actually increase accessibility, efficiency and justice or if they simply code language into the laws. The article looks at the doctrinal, procedural, and human rights aspects of the reforms through comparative analysis and also seeks to identify challenges that will likely arise during implementation of the reforms. Finally the paper notes that 'the viability of the Bharatiya criminal codes will be determined by judicial interpretation, institutional readiness and enforcement apparatus'