Introduction
As per the National Judicial Data Grid, a total of 3,54,70,614 criminal cases are currently pending. India’s criminal justice space has historically struggled with colonial legacies, procedural inefficiencies, and outdated definitions of crime. However, on 1st July 2024, a new chapter began with the enforcement of three pivotal criminal laws: the Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023. Replacing the Indian Penal Code (1860), the Criminal Procedure Code (1973), and the Indian Evidence Act (1872), these laws aim to modernise a justice system that had long ceased to reflect contemporary social realities. This shift marks a significant moment for anyone pursuing an LLM in Criminal Law.
One year since their implementation, these laws are already reshaping the foundational structure of legal practice, investigation, and judicial processes across India. For law students, especially those pursuing an LLM in criminal law, understanding these changes is crucial as well as indispensable.
Table of Contents
| SL. No. | Topics Covered |
| 1 | Introduction |
| 2 | What Legal Shifts Define the BNS, BNSS, and BSA? |
| 3 | How Did Colonial Roots Shape the Need for Reform? |
| 4 | What New Crimes and Definitions Have Been Introduced? |
| 5 | Can Technology Deliver Justice More Efficiently? |
| 6 | How Do These Laws Empower Victims? |
| 7 | What Are the Systemic Challenges in Implementation? |
| 8 | What Are the Early Outcomes and Reactions? |
| 9 | What Lies Ahead for Legal Scholars and Practitioners? |
| 10 | Conclusion: Will the Promise of Justice Be Fulfilled? |
What Legal Shifts Define the BNS, BNSS, and BSA?
Each of the three new laws has been designed with a distinct purpose. The Bharatiya Nyaya Sanhita (BNS), 2023, replacing the Indian Penal Code, represents a radical shift from a punishment-centric approach to one that prioritises justice, victim dignity, and social reform. For instance, crimes like mob lynching and terrorism have been newly codified, with severe penalties that include life imprisonment and death. The law also introduces community service for petty crimes, an indicator of a reformative spirit.
Meanwhile, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the Code of Criminal Procedure. It aims to resolve longstanding inefficiencies by incorporating digital-first processes, such as e-FIRs, video-recorded searches, and real-time evidence upload.
Finally, the Bharatiya Sakshya Adhiniyam (BSA), 2023 updates India’s evidentiary framework to reflect the increasing relevance of digital and forensic evidence, particularly in serious crimes.
Together, these reforms embody a legal vision that aligns India’s criminal justice process with global standards.
How Did Colonial Roots Shape the Need for Reform?
To grasp the significance of these changes, one must acknowledge the colonial architecture of India’s previous criminal statutes. Designed by the British for control, not justice, the IPC, CrPC, and Indian Evidence Act were often at odds with contemporary human rights standards and democratic values.
The government’s motivation behind the overhaul was both practical and philosophical. Key driving forces included:
- The rise of cybercrime, terrorism, and organised crime
- A commitment to victim-centric justice
- A need to improve technological integration in legal procedures
- An urgency to address massive backlogs and trial delays
- The importance of restoring public trust in the justice system
For students considering an LLM in criminal law, this historical context is essential to appreciate the current transitional phase within India’s legal framework.
What New Crimes and Definitions Have Been Introduced?
The BNS 2023 has introduced several new offences and revised definitions that speak to today’s socio-political climate. Among the most significant changes are:
- Terrorism, broadly defined to include threats to economic security and national unity
- Mob lynching, now a standalone crime punishable by death if committed by five or more individuals
- Organised crime, brought under clearer legal provisions
- Sexual crimes against women and children, which now receive enhanced penalties
Interestingly, community service has been introduced as a punishment mechanism for lesser offences, an embodiment of the restorative justice model gaining global traction.
These legal definitions will be particularly vital for any student undertaking an LLM in criminal law, offering modern legal constructs to explore, interpret, and critique.
Can Technology Deliver Justice More Efficiently?
The BNSS 2023 is a technological overhaul of criminal procedures. From e-FIRs to video-recorded depositions, its framework enables real-time coordination between law enforcement and the judiciary.
States like Delhi have taken the lead by implementing platforms like e-Pramaan, and the Union Home Ministry is piloting an application called eSakshya, which allows on-the-spot uploading of crime scene evidence.
Moreover, with over 40 percent of sessions court cases now eligible for summary trials, delays are being addressed systemically. The government claims that these changes could eventually reduce the time between FIR registration and Supreme Court verdict to three years, a considerable leap forward.
These procedural advances are critical for the broader domain of criminal law and criminal justice, especially as legal systems worldwide explore digital reform.
How Do These Laws Empower Victims?
A major ideological shift in the new laws is their victim-first philosophy. This is evident in:
- Stricter punishments for sexual and gender-based violence
- The mandatory presence of forensic experts in serious criminal cases
- Digital transparency in trial procedures, ensuring evidence is preserved and verifiable
Advocacy groups have welcomed these reforms, noting their potential to empower marginalised communities and ensure timely justice.
Nevertheless, gaps remain, particularly regarding sexual violence against men and transgender persons, which the government has acknowledged and aims to address through future amendments.
What Are the Systemic Challenges in Implementation?
Despite their ambitious scope, these laws face numerous challenges:
- Training deficits among police officers, public prosecutors, and judicial officers
- Technological gaps in rural courts, hindering implementation of digital procedures
- Public unawareness, contributing to confusion about legal rights and remedies
- Administrative overload, as institutions adapt to new workflows and documentation
Furthermore, due to the dual applicability of laws, with new laws for crimes post July 2024 and old laws for earlier crimes, legal practitioners must navigate two parallel systems.
For those pursuing an LLM in criminal law, these complexities provide fertile ground for academic research, policy critique, and procedural reform.
What Are the Early Outcomes and Reactions?
One year into implementation, the outcomes are mixed yet promising:
- Increased efficiency: Courts are reporting reduced case durations, especially in cases eligible for summary trials
- Improved investigation: Forensic and digital evidence are strengthening convictions
- Enhanced victim trust: Victims report greater faith in the system, particularly in metro areas
- Resistance from stakeholders: Some judges and lawyers express scepticism about the pace of reforms
Legal experts suggest that full adaptation may take up to three years, contingent on ongoing training, budget allocations, and systemic upgrades.
For students studying criminal law and criminal justice, these early outcomes serve as real-time case studies in the implementation of legal reform.
What Lies Ahead for Legal Scholars and Practitioners?
As India advances towards full-scale implementation of its new criminal laws, several developments are anticipated:
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Amendments to include sexual violence against men and transgender persons
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Artificial intelligence and blockchain integration in case management and judicial decision-making
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Expanded use of data analytics in criminal profiling and policing
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A focus on continuous education for judges, law students, and advocates
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Institutional feedback mechanisms, using crime statistics and stakeholder inputs
These forward-looking reforms also open new avenues of study and practice for those pursuing an LLM in Criminal Law.
These changes mark a crucial inflection point in the legal education space. Students aspiring for an LLM in criminal law should view this transition not merely as curriculum content but as an invitation to contribute to the nation’s evolving legal architecture.
Conclusion: Will the Promise of Justice Be Fulfilled?
The new criminal laws of India represent more than legislative change; they are a reimagination of justice itself. Although the reforms have encountered practical hurdles, from resource constraints to resistance from traditional practitioners, the overall trajectory is positive and necessary.
In the words of Union Home Minister Amit Shah, the aim is to make sure that criminals cannot escape and citizens do not suffer. Whether this vision becomes a reality will depend not just on policymakers but also on the new generation of legal scholars, practitioners, and judicial officers.
For students and professionals pursuing an LLM in criminal law, the path forward is rich with opportunity, challenge, and responsibility. These laws are not casually instruments; they are ideas waiting to be interpreted, contested, and improved.
Sources
https://njdg.ecourts.gov.in/njdg_v3/
https://www.newsonair.gov.in/new-criminal-laws-bharatiya-nyaya-sanhita-2023-and-others-to-come-into-force-on-1st-july-2024/
https://www.pib.gov.in/PressReleasePage.aspx?PRID=2129715
https://en.wikipedia.org/wiki/Bharatiya_Nyaya_Sanhita?
https://visionias.in/current-affairs/news-today/2025-07-02/polity-and-governance/one-year-of-new-criminal-laws-which-came-into-force-on-1st-july-2024
https://www.drishtiias.com/daily-updates/daily-news-analysis/new-criminal-laws-come-into-force
https://www.jusscriptumlaw.com/post/implementation-of-new-criminal-laws-in-india
https://indianexpress.com/article/india/new-criminal-laws-biggest-reform-in-free-india-amit-shah-10100809/
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