This article is written by Mansi Mishra, an upcoming student of GGSIP University, Noida. This article analyses how the BNS can alter the criminal justice system in India from both a legal and practical perspective and assesses the extent to which the BNS will accomplish its intended goals of accessible, fair, and humane justice for all.
In India, the idea of justice is informed through one’s own living experiences, how society really works, and feelings about what is fair. Justice has to do with the individual experiences of the victim, accused and their families. Justice is not only a legal concept; it is also an emotional and procedural experience. After going through the trials and waiting for the completion of their trial, all these individuals will be faced with emotional distress and uncertainty surrounding their future. Due to the extended time frames created by the judicial process, there have been cases where some individuals have been unable to access any real level of justice. Thus undermining the constitutional obligation of providing all citizens equal protection and treatment under law.
The Indian criminal justice system has traditionally been based upon English common law since the colonial era, and although it provides the legal framework for procedural ordering, it has ultimately provided a basis for long-standing structural problems, such as overcrowded courts and prisons; delayed trials; inequitable access to justice; and discrimination against distinct groups of people.
Although the Indian Constitution recognises individuals’ rights to life, liberty, equality, and equal protection from the laws, the practical application of these rights regularly results in violation or infringement of those rights.
A New Legal Era: Replacing Colonial Laws
Over the last few years there has been a huge change in the law, with many old laws (colonial) going away and being replaced with modern laws:
- Bharatiya Nyaya Sanhita (2023)
- Bharatiya Nagarik Suraksha Sanhita (2023)
- Bharatiya Sakshya Adhiniyam (2023)
These new laws provide reforms for better efficiency in the legal system; improving the overall efficiency and effectiveness of law enforcement and the judiciary. The introduction of e-FIRs, time bound completion of investigations, and more forensic work are examples of this improvement. The change in the law is much easier than making these changes in actual practice.
Police Reforms: Progress with a Shadow
The introduction of technology into policing has undoubtedly improved the efficiency of policing. Filing an FIR no longer fills the victim with fear; the use of technology has significantly increased the speed of police investigations. However, the introduction of new technology into policing has ignored the issue of accountability.
The deaths of custodial violence in Sathankulam remind us that custodial violence is still taking place. Although courts have prosecuted the perpetrators of custodial violence, they have also exposed systemic deficiencies that still require reform. Thus, while we are becoming more efficient police, we must still ask ourselves if we are doing enough to provide dignity to victims and protect their human rights.
Delays in the Court System: Justice is Too Slow to Arrive
Delay is the biggest issue that defines India’s criminal justice system. Criminal cases take years and may take decades to resolve, which means witnesses’ memories become less clear, evidence becomes weaker over time, and victims will likely lose all hope of a successful resolution.
The Supreme Court indicated, in the case of Hussainara Khatoon v. State of Bihar, that a person’s right to a speedy trial is guaranteed by Article 21. But that was many years ago. We still do not have a system that delivers speedy trials.
The Supreme Court also expanded the meaning of fair trial in the case of Maneka Gandhi v. Union of India. However, what is the use of fair trials when they do not happen within a reasonable amount of time?
It’s easy to believe that if a country has good laws, then justice will follow; however, many countries have both good and bad laws that go unenforced long enough to prevent justice from occurring.
The purpose of the UK’s criminal justice system is supposedly to rehabilitate those who commit crimes; unfortunately, however, prisons typically create more problems than they solve, for both the prisoners and society as a whole.
In Sunil Batra v. Delhi Administration, the Supreme Court held that prisoners have equal rights with other members of society to receive treatment like everyone else. This raises an important question: Does the prison system help individuals rebuild productive lives after incarceration, or does it further isolate them from society?
Victim Centred Approach: A Positive Change
There has been a progressive trend in recent reforms to focus on victims. New measures include;
- Victims’ compensation
- Protection of witnesses
- Swifter trials for sensitive crimes
The previous criminal justice system focused more heavily on defendants than the reforms currently being introduced. However, the reality remains far more complex. Victims still face serious barriers, including delays in trials under the Protection of Children from Sexual Offences Act, emotional trauma, social isolation, and procedural hurdles.
Recognition is a positive first step, but now we must put a consistent and tangible focus on supporting those victims.
More Broadly: What Needs to Change?
There are many areas of concern despite the existence of the reforms;
- Courts are still overloaded
- Many people are currently awaiting trialInvestigations have often been of poor quality
- Access to justice varies between individuals
The idea of over-criminalization is becoming of increasing concern to many because more stringent laws typically result in less personal freedom. While wanting to establish a stronger framework by itself is a commendable aim, we also have an obligation to ensure that it will be implemented fairly.
Next Steps – Intentional Changes
Genuine change cannot stem only from drafting new laws; rather, it must encompass the way the system functions throughout its entirety. We need:
- More judges and better infrastructure
- Police accountability mechanisms
- Quick and equitable bail process
- More use of technology
- Moving away from incarceration to rehabilitation
We need a criminal justice system that sees all people not just cases of people.
Road to Reform
Criminal justice reform in India must currently move beyond just becoming laws that exist on paper into laws that individuals can recognise as impacting their day-to-day activities.
The changes introduced under the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 mark a positive beginning; however, authorities will determine their real success through effective implementation in practice.
What truly matters is creating a more responsive system by ensuring that courts hear cases without years of delay, police officers act with integrity, and undertrial prisoners do not spend endless periods waiting for their cases to conclude. Prisons should help offenders rebuild their lives after release instead of merely confining them until they complete their sentences.
Also, technology should create easier access to justice, not more difficult access to justice. Most importantly, the criminal justice system must always prioritise people by ensuring that victims feel supported, authorities treat accused persons with respect, and ordinary citizens can confidently seek assistance through the system. Ultimately, justice depends not only on laws but also on whether the system hears people’s voices and treats them with dignity and respect.
Conclusion
India’s criminal justice system has progressed from being a theoretical issue to an urgent requirement demanding immediate reform. The introduction of the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023 marks a significant shift away from colonial criminal law towards a more progressive and victim-oriented system.
These reforms seek to improve investigations, strengthen victims’ rights, and ensure faster trials. However, reform through legislation alone remains insufficient. Digitized FIRs are ineffective if victims cannot easily approach the police, and fixed procedural timelines lose meaning when courts remain overburdened. Rights guaranteed on paper also become meaningless when undertrial prisoners continue to remain in overcrowded jails for prolonged periods.
The challenge of criminal justice reform in India is not merely structural, but deeply human. A system focused only on procedure must evolve into one centred on people, where efficiency and empathy exist together, and enforcement remains within constitutional limits.
In Hussainara Khatoon v. State of Bihar, the Court recognised that “justice delayed is justice denied,” yet the gap between legal ideals and lived realities continues to persist. Meaningful reform, therefore, requires institutional coordination, police accountability, investment in courts and prisons, and equal access to justice. Ultimately, the success of these reforms will depend on whether the system can protect vulnerable individuals, uphold human dignity, and ensure fair treatment for all.
Frequently Asked Questions
What is criminal justice reform in India?
It refers to changes in laws, procedures, and institutions governing crime and punishment.
Why were new criminal laws introduced?
The reforms aim to modernise colonial-era laws and improve procedural efficiency.
What are the major concerns regarding these reforms?
Critics point to implementation gaps, police powers, and risks to civil liberties.
How do reforms affect ordinary citizens?
They impact investigations, arrests, trials, and access to justice.
Is faster justice always better justice?
Not necessarily. Speed without fairness can undermine due process and rights.
