Authors: Dr. Manjula Raghav, Dr. Jageshwar Nath Singh, Dr. Sandeep Kumar, Ms. Arushi Sharma, Ms. Shivanshi Gupta

ISBN: 978-81-988533-2-5

DOI: https://doi.org/10.59646/cjs/374

Date of Publication: June 05, 2025

About the Book:

The criminal justice system in India has undergone a historic transformation with the introduction of three new codes: the Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Sakshya Adhiniyam (BSA), 2023. These legislations replace the colonial-era Indian Penal Code, 1860; the Code of Criminal Procedure, 1973; and the Indian Evidence Act, 1872, respectively. This paradigm shift is aimed at aligning India’s criminal jurisprudence with the contemporary needs of justice, human rights, technological advancements, and societal aspirations. This book, The New Criminal Justice System in India (2023): A Comprehensive Textbook on Substantive, Procedural and Evidentiary Reforms, is a structured academic endeavor to provide legal scholars, practitioners, students, and policymakers with an in-depth and analytical understanding of the new criminal law framework. It offers a thematic and comparative exposition of the key reforms, explains the rationale behind the legislative overhaul, and critically engages with the implications of these changes on the administration of justice. The textbook is divided into five comprehensive units:

• Unit I introduces the historical context and evolution of criminal law in India, the shortcomings of the previous codes, the process leading to the legislative reforms, and the salient features and implementation strategies of BNS, BNSS, and BSA.
• Unit II explores the Bharatiya Nyaya Sanhita (BNS), 2023, delving into the redefined principles of criminal liability, classification of offences, and new provisions dealing with organized crime, terrorism, offences against women and children, and property-related crimes.
• Unit III focuses on the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, elaborating on procedural reforms in areas such as arrest, bail, investigation, trial mechanisms, plea bargaining, and victim protection.
• Unit IV critically examines the Bharatiya Sakshya Adhiniyam (BSA), 2023, highlighting the new framework of admissibility, reliability, and evaluation of evidence, with special emphasis on electronic and digital forensics.
• Unit V provides a comparative and critical analysis of the old and new laws, evaluates progressive and regressive elements, and reflects on transitional challenges, judicial interpretations, and future directions from a constitutional and human rights perspective.

Through this book, the aim is not merely to present the new statutory provisions but to enable readers to grasp the deeper legal, societal, and practical dimensions of these reforms. It serves both as a foundational text for learners and a critical reference for professionals navigating the evolving legal landscape. We hope this work contributes meaningfully to the ongoing dialogue on justice reform in India and aids in the education and empowerment of all stakeholders in the legal system.