| Abstract: |
The criminal justice system in India has undergone a historic transformation with the enactment of three landmark legislations in 2023: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). These Acts, which came into force on 1st July 2024, replace the colonial-era Indian Penal Code 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 respectively. This comprehensive reform marks a paradigm shift from a punishment-oriented retributive model to a reformative, rehabilitative, and victim-centric approach to criminal justice. The new framework introduces progressive measures including community service as punishment, mandatory forensic investigation, digital evidence integration, and stricter penalties for organized crime and terrorism. This paper critically examines the reformative philosophy underlying these changes, analyzes key provisions, evaluates their alignment with international best practices, and assesses the challenges in implementation. Drawing comparisons with successful rehabilitative models such as Norway's prison system, this research explores whether India's reformed criminal justice system can effectively balance deterrence with rehabilitation while ensuring constitutional protections and human rights. |
