The Evolution of Criminal Laws and Justice System in India: A Legal Analysis

In India, the criminal justice system has changed drastically over the past few years with reforms aiming at solving long-standing issues of efficiency, fairness and modernisation. Criminal law reforms serve to keep the public order intact while guaranteeing the rights of citizens in a country as complex and diverse as India. This article examines recent changes in criminal laws and the justice system in India by focusing on legislative reforms, judicial interpretations, and landmark cases that reflect this changing status of the law.

Why is there a Need for Criminal Law Reforms in India?

The foundation of Indian criminal laws is generally on statutes such as the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act (1872). But such colonial-era norms, while fundamental, are now widely criticised as old and out of touch with modern social and legal standards. Amid worries about indefinite trials, under-resourced courts, procedural delays and overfilled prisons, the effectiveness of the current system has been called into question.

The Supreme Court has repeatedly stressed the need for criminal justice reforms. In Hussainara Khatoon v State of Bihar (1979) 3 SCR 169, the court emphasized the fundamental right to a speedy trial under Article 21 of the Constitution, stating that justice delayed is justice denied. This landmark ruling sparked debates about reforms that could help preserve the rights of the accused and deal with systemic inefficiencies. Since then, criminal law reforms have become a central agenda for policymakers and legal scholars.

Significant Legislative Reforms In The Bharatiya Nyaya Sanhita, 2023: 

To reform criminal law holistically, the Indian government in 2023 proposed three bills – Bharatiya Nyaya Sanhita Bill (to replace the IPC), Bharatiya Nagarik Suraksha Sanhita Bill (to replace the CrPC) and Bharatiya Sakshya Bill (to replace the Evidence Act). These bills are designed to make criminal law more modern by putting victim rights at the centre of laws, speeding up procedures, and fostering alternative dispute resolution systems.

Bharatiya Nyaya Sanhita, 2023 contains some significant revisions. For example, in Section 302, which deals with punishment for murder, more severe penalties can now be applied to cases involving minors and sexual violence, indicating an increasing focus on victim rights and justice. More importantly, the Sanhita also revises offences such as sedition to bring them more in line with international standards and past rulings of the Supreme Court. This change in the definition of sedition comes after the court noted in Kedar Nath Singh v State of Bihar, AIR 1962 SC 955 that only an incitement to violence against the State could be charged as sedition, thus protecting freedom of expression under Article 19.

Additionally, the Bharatiya Nagarik Suraksha Sanhita, 2023, also intends to cut out procedural hurdles by imposing stricter timelines for investigation and trial. This law highlights the right to a speedy trial, as was recently upheld in Maneka Gandhi v Union of India, AIR 1978 SC 597, where the Supreme Court widened the scope of Article 21 to fair, just and reasonable procedures. In doing so, the Sanhita also reflects the constitutional call for efficiency and fairness in criminal procedures.

The Judicial Approach of Bail and Preventive Detention: 

Bail laws in India have evolved in the past few years especially when courts increasingly emphasized the presumption of innocence as a core principle of justice. The historic judgment Satender Kumar Antil v. CBI, (2021) 5 SCC 817 condemned the abuse of preventive detention and reiterated that bail should be the rule, not the exception. This decision emphasized that preventive detention under laws such as the National Security Act, of 1980, must only be exercised when national security is at serious and immediate risk.

In addition, in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, the Supreme Court also set guidelines against the routine arrests of people for offences punishable by up to seven years. This ruling has had a far-reaching impact on policing practices, reducing arbitrary arrests and emphasising the importance of individual freedom in a balanced manner. In this regard, the judiciary’s approach to bail and preventive detention speaks to a changing understanding of individuals’ rights and the limits of state power in the criminal justice system.

Focus on Victim Rights and Restorative Justice: 

Current criminal law reforms in India have not merely focused on the punishment of criminals but also victims’ rights and concerns. For many years, victims were passive participants in criminal investigations, participating negligibly in the legal process. However, recent legislative reforms attempt to place victims at the centre of the criminal justice system.

The introduction of victim compensation programmes, as upheld in Delhi Domestic Working Women’s Forum v. Union of India, (1995) 1 SCC 14, reflects this trend. In it, the Supreme Court ordered compensation for sexual assault victims, recognising the State’s duty to provide for victims financially. The 2023 reforms further highlight victim compensation and assistance, which recognises that the system of justice must be fair in not only granting punishment to perpetrators but also relief and compensation to victims.

By implementing restorative justice mechanisms, the new laws encourage alternative dispute-resolution strategies in cases of minor offences. It seeks to reconcile victims and perpetrators, providing an alternative to traditional punitive measures. Such measures point to a huge shift towards a more holistic, victim-centred criminal justice system.

Protection of Women and Children: 

In India, crimes against women and children have skyrocketed, which has led legislators and courts to strengthen safeguards for vulnerable people. The Protection of Children from Sexual Offences Act (POCSO) and the recent amendments to the IPC focus on severe punishments for sexual offences. In Independent Thought v Union of India, (2017) 10 SCC 800, the Supreme Court ruled that the exception allowing marital rape of minors under 18 was unconstitutional and acknowledged the right of minors to protection from sexual abuse.

Further, in cases such as State of Punjab v. Gurmit Singh, (1996) 2 SCC 384, the court also pointed out that cases involving sexual violence must be dealt with sensitively. This is reflected in the 2023, Bharatiya Nyaya Sanhita, which introduces stronger punishments for crimes against women and children, and provisions to defend their rights during criminal proceedings.

Towards A Progressive Criminal Justice System: 

Recent reforms in India’s criminal justice system represent an intentional transition to a modern, efficient and humane criminal justice system. In aligning the laws with our constitutional values and international standards, India’s criminal law system is becoming more well-equipped to deal with today’s problems. Legislative reforms such as the Bharatiya Nyaya Sanhita, judicial interpretations that emphasize individual freedom and efficiency, and increased use of technology are all evidence of a justice system that’s adapting to society’s demands.

With the judiciary upholding the rights of both accused and victims, these reforms show that India is going in the right direction for criminal justice. Balancing the twin goals of fairness and public safety, new criminal laws aim to provide a system that not only addresses crimes but also respects the rights of individuals and promotes restorative justice. Indian criminal justice system is therefore better positioned to better serve the values of democracy, justice and equality as enshrined in the Constitution.