SHAMBHUNATH INSTITUTE OF LAW

B.A.LL. B (HONS.)

PROJECT REPORT

FOR
SEMESTER VIII
SESSION: 2024-25

SUBMITTED UNDER THE SUBMITTED BY:

SUPERVSION OF: Vibhansh Kumar Singh
Mr. Manu Kashyap ENROL NO.- PRSU21041168
SEMESTER: VIII
SESSION(YEAR) :2024-2025

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 SHAMBHUNATH INSTITUTE OF LAW
JHALWA PRYAGRAJ- 211015, UTTAR PRADESH

PROJECT REPORT ON
CHALLENGES IN IMPLEMENTATION OF NEW CRIMINAL
LAWS IN INDIA

PROJECT SUBMITTED
UNDER THE SUPERVISION OF:
Mr. Manu Kashyap

SUMIITTED BY:
Vibhansh Kumar Singh
SECTION: B
SEMESTER: VIII
ENROLLMENT NO.- PRSU21041168
SESSION: 2024-2025
DATE OF SUBMISSION: 11/03/2025

2
 DECLARATION

I, Vibhansh Kumar Singh, here by confirm that the project "Challenges in the Implementation
of New Criminal Laws in India" is my own work. The project has been done as a part of
academic course under the supervision and guidance of Mr. Manu Kashyap.

I certify that this work is original and based on my own research, analysis, and understanding
of the subject. Any references or sources employed have been properly acknowledged. This
project has not been submitted, in whole or in part, for any other academic purpose or
examination.

I fully accept responsibility for the genuineness and integrity of this work.

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 ACKNOWLEDGEMENT

I owe my heartfelt appreciation to Mr. Manu Kashyap for his kind advice and
supervision in the preparation of this project "Challenges in the Implementation of
New Criminal Laws in India." His ideas, motivation, and positive criticisms have
played a vital role in shaping my research and knowledge about the topic.
I also take this opportunity to express my sincere gratitude to my teachers, guide, and
Shambhunath Institute of Law's faculty and our Principal Dr. Rajni Tripathi for
offering me the resources and educational guidance to accomplish this work. Their
passion for legal education has contributed significantly to my learning process.
In addition, I appreciate my family and friends, who provided their unwavering
support and encouragement, which instilled in me the drive throughout this study.
Finally, I acknowledge the efforts of other scholars, jurists, and researchers whose
work has offered great references and input for this project.

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 TABLE OF CONTENT

S.NO. TITLE PAGE NO.

1 List of Abbreviations 6

2 List of Cases 7

3 CHAPTERS
1- Introductions and Descriptions 8-9
1.1 - Brief Overview of Criminal Laws in India 10-11
1.2 – Need of New Criminal Laws 12-14
2. Challenges in Implementation 15
2.1- Legal Challenges 15-16
2.2- Structural Challenges 17
2.3- Institutional Challenges 18
2.4- Social and Cultural Challenges 19
3. Conclusion of Challenges in the implementation of new Laws. 20
4. Recommendations 21
5. Literature Review 22-25
4. List of References 26-27

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 LIST OF ABBREVATIONS

S. No List of Abbreviations Full Form

1. IPC Indian Penal Code
2. CrPC Code of Criminal Procedure

2. IEA Indian Evidence Act

4. BNS Bharatiya Nyaya Sanhita

5. BNSS Bharatiya Nagarik Suraksha Sanhita

6. BSA Bharatiya Sakshya Adhiniyam

7. UAPA Unlawful Activities (Prevention) Act

8. ITA Information Technology Act

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 TABLE OF CASE LAW

Sr.No. List of Cases

1. State of Rajasthan v. Pehlu Khan Criminal Appeal No. 253/2017

2. State of Karnataka v. Dr. Praveen Bhai Thogadia (2004)

3. Shreya Singhal v. Union of India (2015)

4. Hussainara Khatoon v. State of Bihar (1979)

5. Imtiyaz Ahmad v. State of Uttar Pradesh (2012)

6. All India Judges Association v. Union of India (2002)

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 CHAPTER I
INTRODUCTION
The new Indian criminal laws i.e. Bhartiya Nyaya Sanhita (BNS), Bhartiya
Nagarik Suraksha Sanhita (BNSS), Bhartiya Sakshya Adhiniyam (BSA),
which replaced the British colonial criminal laws i.e. Indian Penal Code
(IPC), Code of Criminal Procedure (CrPC), Indian Evidence Act (IEA), were
enforced on 1st July 2024, it tried to modernize India's criminal justice
System. With the Enforcement of new criminal laws in India, the government
has tried to initiate various steps in decreasing the pendency of backlogs of
cases and delivering justice quickly. Practically implementing such laws is
however a sequence of challenges from infrastructure issue to reluctance
within the very legal system.
The enactment of new criminal laws has caused significant controversy
throughout legal and Judicial community.
During this recent period there have been attempts at legislation to alter these
rules that have existed for Hundred years. Consequently, new legislation
known as the Bharatiya Nyaya Sanhita (BNS), Bhartiya Nagarik Suraksha
Sanhita (BNSS), Bhartiya Sakshya Adhiniyam (BSA) have been enacted.
While these reforms are a significant step forward, their implementation is
fraught with challenges that span legal, institutional, social, cultural, and
technological dimensions. India's complex socio-political landscape,
characterized by its vast diversity, deep-rooted traditions, and systemic
inefficiencies, presents unique obstacles to the effective enforcement of new
criminal laws. These challenges are not merely procedural but are deeply
intertwined with the country's historical, cultural, and institutional fabric.

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 DESCRIPTION
The enforcement of new criminal legislation in India is confronted with a
number of challenges, from legal intricacies to practical obstacles. One of the
main challenges is the absence of awareness and training among law
enforcement agencies, judicial officers, and legal professionals, resulting in
delays and misinterpretations. Moreover, infrastructural and technological
constraints impede the smooth implementation of legal provisions,
particularly in rural and underdeveloped regions.
The court backlog also makes it harder to implement new laws, as older legal
structures and processes need to be adapted in a big way. Additionally, public
sentiment and change resistance, coupled with the necessity of adequate
sensitization, influence these laws' acceptance and enforcement. Political,
administrative, and socio-economic factors also determine the success of
legal reforms.
For effective implementation, a multi-dimensional strategy of adequate
training, public awareness, judicial efficiency, and infrastructural
development is necessary to ensure that the new criminal laws fulfill their
desired role of justice and welfare to society.

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 1.1 BRIEF OVERVIEW OF CRIMINAL LAWS IN INDIA
The background of codification of contemporary criminal legislation dates
back to Vedic age and Hindu as well as Muslim dynastic reign but it began
to get into shape under British rule. English laws and traditions form the
backbone of contemporary criminal justice. Such traditions were pragmatic
and up to date for this reason the vast majority of criminal legislation
prevailing today and which is comparable with the laws which were being
practiced under British rule.
The criminal justice system, and criminal laws thence are based on a penal
legal system that was set up by the British in India. If we happen to look at
the criminal justice system in India after 75 years of independence, there
haven’t been any substantial changes as such in the system or the legislation.
The most notable example of such outworn justice system is Section 124 of
Indian Penal Code (IPC), 18601, which discusses Sedition and has a
prescribed punishment for the same.
But a point needs to be noted that attempts have been made to reform the
whole Code of Criminal Procedure (CrPC) in 1973. The setting up of the
Vohra Committee was the first such attempt towards making reforms to the
Indian criminal's justice system. The reports brought out by the Vohra
Committee2 in 1993 made an observation on the criminalization of politics
and the relationship between criminals, politicians, and bureaucrats in India.
The India Penal Code (IPC), Code of Criminal Procedure (CrPC) 3 and the
Indian Evidence Act 4 (IEA) have been through regular changes through the
ages to make them relevant to the current time and culture. On studying
Criminology, one learns that even the life of an animal had monitory value.
As society advanced with time, the hunger to purge evil and let justice prevail
was not being fulfilled with money or property, man preceded to find
satisfaction only with another’s life taken. As the famous words go, one who
takes the life of another forfeit’s his own. In the wake of this, it was important

1
Indian Penal Code, 1860
2
Vohra Committee Report of 1993
3
Code Of Criminal Procedure, 1973
4
Indian Evidence Act, 1872

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for there to be a justice system, a system that did not let the victim face
injustice and neither did a wrongfully accused person get punished.
The fundamental goal of criminal law is to safeguard society against the
atrocities of offenders and law-breakers. In order to facilitate this objective
legal system holds out threats of penalisation to prospective offenders, also it
tries to make the actual law-breaker brook the given punishments. Therefore,
criminal law, in its broader spectrum, consists of both the procedural and
substantive criminal law.
The Criminal law of India aims to penalize the offenders and manufacture a
society that is away from the clench of evil. Though the present society
doesn’t follow retributive justice, still justice is not limited to the victim but
for society at large. It is necessary to acknowledge the need for criminal law,
or for that matter any law, to outline chaos that persistent in the society.
The transition of criminal law with the waves of time is something worth
notice. From the premature, primitive, customary legal system to the present,
modern and contemporary judicial framework is the outcome of efforts made
by legal professional and jurists. The Indian Penal Code in all its glory is
something that was made suited for India. The legacy that colonial regime
provided us is still what today we adhere with, with few required
amendments as per the call of time and culture, but this document has always
been the yardstick for execution of justice victims.

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 1.2 NEED OF NEW CRIMINAL LAWS
On July 1 st 2024 the establishment of Bhartiya Nyaya Sanhita (BNS),
Bhartiya Nagrik Suraksha Sanhita (BNSS), and Bhartiya Sakshya Adhiniyam
(BSA), represents the crucial point in the India’s legal history, these new
legislations are precise and intent to replace the three major laws of colonial
era criminal laws which has been in use for more than 150 years i.e. Indian
Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence
Act (IEA), resolving persistent concern and harmonising the legal structure
with current demands. These new laws aim to create a faster, more efficient,
and victim-centric justice system.
The new laws aim to replace these colonial-era statutes with a justice system
that prioritizes the rights of citizens, speeds up trials, and effectively tackles
new forms of crime. One of the biggest failures of the old system was the
huge backlog of cases. In today’s date India court have more than 5 crore
pending cases, and delays on trials means justice is often denied.

Key Issues in old laws

• Complicated procedures in CrPC led to longer investigations and slow trials.
• Police investigations were inefficient, leading to weak cases and low
conviction rates.
• Witnesses were often threatened or turned hostile, weakening cases.

How new laws addresses this

• BNSS, 2023 introduces time-bound investigation deadlines and mandates
that charge sheets must be filed within 90 days.
• Trials will now have fixed time limits, ensuring cases do not drag on for
years.
• Stronger provisions for witness protection will ensure that witnesses testify
without fear.
These changes aim to speed up the trials and improve the conviction rates,
making justice more accessible to the victims. In recent decades, crime such
as cyber fraud, financial scams, organised crimes and mob lynching have

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 increased, but the old IPC did not provide with clear legal provisions to
handle them,
In a case of State of Rajasthan v. Pehlu Khan5, Pehlu Khan, a dairy farmer
from Haryana, was attacked by a mob of cow vigilantes in Alwar, Rajasthan,
while transporting cattle. The mob accused him of cattle smuggling and
brutally assaulted him, leading to his death, the Rajasthan High Court passed
the judgement where Initially, six accused were acquitted by a trial court in
2019 due to lack of direct evidence. However, the Rajasthan government filed
an appeal, and a special investigation team (SIT) was formed to re-examine
the case. This case highlighted the growing menace of cow vigilantism and
mob lynching in India.
The rise in cyber fraud and mob lynching cases highlights serious gaps in
India’s criminal laws. While cyber fraud has increased due to technological
advancements, mob lynching remains a growing concern due to social
intolerance and vigilante justice.
The old legal framework focused more on punishing criminals than
protecting victims. Many victims, especially in cases of sexual violence and
harassment, found the legal process traumatizing and ineffective. By
focusing on victim protection and support, these reforms aim to create a more
compassionate legal system.

India has seen a rise in violent crimes, yet the punishments under IPC were
often outdated or too lenient. Criminals exploited legal loopholes to escape
strict sentences.
One of the major and important improvements under the BNS focus on
updating the substantive criminal statutes. Harsh rules have been enacted for
cybercrimes, terrorism and crime against women and children. Also, many
old portions from the IPC have been eliminated or simplified to increase
clarity and guarantee that the legislation maintains pace with current times.

5
Criminal Appeal No. 253/2017 (Rajasthan High Court).

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 BNS replaces IPC with 358 sections, introduces 20 new crimes, increases
penalties for 33 offenses, enhances fines in 83 crimes, and includes a new
chapter on crimes against women and children.
BNSS replaces CrPC with 531 sections, includes 44 new provisions, and sets
timelines for legal processes to expedite justice.
BSA replaces Indian Evidence Act with 170 provisions, modernizing
evidence procedures in courts, and repealing outdated provisions.... Read
more at: https://www.studyiq.com/articles/new-criminal-law-bills-in-india.
The introduction of the Bhartiya Nyaya Sanhita (BNS), Bhartiya Nagarik
Suraksha Sanhita (BNSS), and Bhartiya Sakshya Adhiniyam (BSA) marks a
historic step in India’s legal transformation.
These new laws aim to:
• Speed up justice delivery and reduce case backlogs.
• Strengthen punishments for serious crimes.
• Improve victim protection and legal rights.
• Ensure better use of forensic and digital evidence.
• Make laws easier for the common people to understand.
While challenges in implementation remain, these reforms provide a strong
foundation for a more efficient and just legal system in India. The success of
these laws will depend on proper awareness, training, and enforcement,
ensuring that justice is not just delayed but truly delivered.

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 CHAPTER – 2
CHALLENGES IN IMPLEMENTATION
The Indian criminal justice system, governed primarily by the Indian Penal
Code (IPC), 1860, the Code of Criminal Procedure (CrPC), 1973, and the
Indian Evidence Act, 1872, has been in need of reform for decades. The
introduction of new criminal laws, such as the Bharatiya Nyaya Sanhita
(BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bhartiya Sakshya
Adhiniyam (BSA), aims to modernize the legal framework and address
contemporary challenges. However, the implementation of these laws faces
significant legal and structural challenges, which, if not addressed, could
undermine their effectiveness.

2.1 Legal Challenges

One of the key issues in introducing new criminal laws is the occurrence of
vague or unclear language within the statutes. For example, the Bhartiya
Nyaya Sanhita introduces new offenses and definitions like "terrorism" and
"organized crime," which can overlap with existing legislation like the
Unlawful Activities (Prevention) Act 6 (UAPA), 1967. This creates confusion
for the judiciary and law enforcement agencies.
In State of Karnataka v. Dr. Praveen Bhai Thogadia (2004) 7, the Supreme
Court emphasized the importance of clear and unambiguous language in
criminal statutes to avoid arbitrary application.
Conflict with Existing Laws
The new legislation tends to clash with the current law, resulting in
inconsistencies in law. For instance, the Bhartiya Sakshya Adhiniyam
provides for electronic evidence, which can be at variance with the
Information Technology Act 8, 2000 (ITA). The clash results in
jurisdictional and procedural issues.

6
Unlawful Activities (Prevention) Act (UAPA), 1967
7
[2004] INSC 212
8
Information Technology Act 8, 2000 (ITA)

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 In Shreya Singhal v. Union of India (2015) 9, the Supreme Court struck
down Section 66A of the IT Act for being vague and overbroad, highlighting
the need for clarity in legal provisions.
The judiciary construes new law. Inconsistent judicial construction, however,
results in legal uncertainty. For example, the term "mental illness" in the
Bhartiya Nyaya Sanhita can be interpreted by different courts in a different
manner, resulting in inconsistent application.
In State of Maharashtra v. Praful B. Desai (2003) 10, the Supreme Court
interpreted the admissibility of electronic evidence, setting a precedent for
future cases involving technology.

9
(2015) 5 SCC 1
10
(2003) 4 SCC 601

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 2.2 STRUCTURAL CHALLENGES
India's justice system is already congested with a pendency of over 4.7 crore
cases. New legislation is likely to bring more litigation on the system's
shoulders. Bhartiya Nagarik Suraksha Sanhita, for instance, places additional
procedural burdens, which increase the duration of trials.
In Hussainara Khatoon v. State of Bihar 11 (1979), the Supreme Court
highlighted the issue of delayed justice and emphasized the need for speedy
trials.
Implementation of new law requires robust infrastructure, i.e., new
courtrooms, computerized equipment, and trained personnel. Indian courts,
however, lack basic amenities such as internet connectivity and video
conferencing equipment, which are required for handling electronic
evidence.
In Imtiyaz Ahmad v. State of Uttar Pradesh 12 (2012), the Supreme Court
directed the government to improve judicial infrastructure to ensure timely
justice.

11
(1979) 1 SCC 81
12
(2012) 2 SCC 688.

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 2.3 Institutional Challenges
Police and law enforcement agencies generally are not adequately equipped
to handle the complexities of new criminal laws. For instance, the Bhartiya
Sakshya Adhiniyam lays stress on the deployment of electronic evidence,
which calls for technical know-how that a majority of police personnel lack.
Judicial officers and magistrates will require special training in order to
execute and interpret the new law. For example, the Bharatiya Nyaya Sanhita
creates new offenses and punishments to which judicial officers might
require exhaustive training.
In All India Judges Association v. Union of India 13 (2002), the Supreme
Court emphasized the need for continuous training and education for judicial
officers to keep pace with legal reforms.
India's judiciary is already congested, with over 4.7 crore cases pending. The
addition of new legislations is sure to speed up litigation, further
overwhelming the system The Supreme Court referred to the issue of tardy
justice and emphasized the need for speedy trials. The Court declared that a
right to speedy trial is a basic right under Article 21 of the Constitution.
Proper implementation of new laws requires coordination among agencies,
e.g., police, judiciary, and forensic agencies. But since there is no central
mechanism to share information, there are unavoidable delays and
inefficiencies. The Supreme Court gave directions for police accountability
and inter-agency coordination. The Court reaffirmed the necessity of
cooperation and information sharing between police agencies. The new
legislations can increase the prison population, overloading the crowded and
under-funded prison system. This can complicate the process of rehabilitation
and reintegration of offenders. The Supreme Court emphasized prison reform
to ensure humane treatment in prisons.

13
(2002) 4 SCC 247.

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2.4 Social and Cultural Challenges
A vast majority of the population, particularly in rural areas, are not aware of
the new laws and their implications. Ignorance in this regard can lead to non-
compliance and misuse of the laws. The Supreme Court emphasized the
importance of public awareness for effective enforcement of laws. The Court
held that the government is required to alert citizens to their rights and
obligations under new laws. The legal community, civil society, and political
parties can resist the new laws on grounds of perceived bias, vagueness, or
incompatibility with prevailing practices. For example, the imposition of
community service as a penalty under the Bhartiya Nyaya Sanhita has been
questioned by some legal scholars. The Supreme Court emphasized the
importance of consensus-building among stakeholders for effective
enforcement of laws. The Court held that laws enforced without the approval
of society are likely to be resisted and fail.
Many provisions of the new laws, e.g., those related to gender-based violence
or caste atrocities, may be incompatible with long-standing societal practices.
For example, criminalization of marital rape under the Bhartiya Nyaya
Sanhita may be resisted by conservative sections of society. Gender and caste
prejudices in society can obstruct effective enforcement of laws to safeguard
marginalized groups. For example, enforcement of provisions relating to
sexual harassment or caste atrocities may be undermined by societal
prejudices. India's cultural diversity means that what is a crime in one region
of the country may be socially acceptable in another. For example, honour
killings or witch-hunting continue to occur in parts of the country despite
criminalization. Marginalised sections like women, Dalits, and tribals
generally face hurdles in the pursuit of justice due to social and cultural
causes. For instance, victims of caste-based violence might not report
violence due to social boycott.
The new law might be misused by an individual or a group to avenge or
victimise specific groups. For instance, defamation or cybercrime clauses
under the Bhartiya Sakshya Adhiniyam might be used against dissenters or
minorities. The Supreme Court had considered misuse of laws, particularly
in dowry harassment cases.

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 CHAPTER – 3
CONCLUSION ON THE CHALLENGES IN
IMPLEMENTATION OF NEW CRIMINAL LAWS
The enforcement of the new criminal legislation in India, including the
Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita
(BNSS), and Bhartiya Sakshya Adhiniyam (BSA), marks an important
milestone toward the modernization of the nation's criminal justice system.
These reform efforts are intended to address perennial problems like delay in
trials, archaic legal regime, and the requirement of more effective protection
of victims' rights. But the way to effective implementation is riddled with
problems extending across legal, institutional, social, cultural, and
technological domains.
The success of fresh criminal legislations in India will be based on the ability
to maintain a fine balance between safeguarding the rights of the accused and
providing justice to the victims. Even though the reforms will hasten justice
and provide responses to present-day challenges, these should never weaken
basic rights including the right of silence, presumption of innocence, and
right to a fair hearing. Recommendations from institutions like the Law
Commission and the Malimath Committee offer useful pointers but must be
assiduously studied before execution lest there is something unforeseen to
follow. The enactment of new criminal legislation in India is a revolutionary
process with the potential to bring about a more equitable, fair, and effective
criminal justice system. The above challenges have to be resolved through an
institutionalized collective effort of all concerned parties—government,
judiciary, law enforcement agencies, civil society, and citizens. By promoting
a culture of transparency, accountability, and inclusiveness, India can
guarantee that these reforms are successful in their intended purpose and
promote the rule of law in a manner that is sensitive to the needs of its multi-
faceted population.
Though the journey is difficult, the payoffs of a modernized criminal justice
system are enormous. With proper planning, sufficient resources, and a
determination to do justice, India can surmount these challenges and create a
new model for criminal justice reform in the 21st century.

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 CHAPTER – 4
RECOMMENDATIONS

Launch country-wide programmes to educate citizens regarding the new

laws and their implications. Employ regional languages and culturally
acceptable forms of communication to cover the largest possible number of
citizens. Conduct specialized training courses for law and order agencies,
judicial functionaries, and forensic scientists to manage the complexities of
the new laws. The government may issue guidelines or clarification
memoranda to interpret dubious provisions of the new laws. Invest in
upgrading courtrooms, cyber facilities, and training courses for judges and
advocates. Apply the Prakash Singh case guidelines to render law and order
agencies more effective and accountable. Extend protection against the
misuse of laws, like preliminary inquiries and responsibility measures for law
and order agencies. Conduct sensitization programmes for law and order
agencies, judges, and lawyers to eliminate gender and caste prejudices.
Develop special mechanisms, like fast-track courts and legal aid clinics, to
provide marginalized groups access to justice without social boycott.
By implementing these recommendations, India can take a significant step
forward in recognizing and implementing the new criminal laws in India,
making it easier to understand and studied.

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 LITERARTURE REVIEW SECTION I
REFORMS IN CRIMINAL JUSTICE SYSTEM IN INDIA

The evolution of criminal law in India can be divided into three phases: the
imperial phase, the post-independence phase, and the post-emergency
phase. Each phase has seen incremental changes, but the system remains
largely unchanged in its core structure. The Law Commission of India has
made recommendations from time to time for reforms in the criminal justice
system. These have remained ad hoc and subject-matter-specific and
without any comprehensive approach. The 14th Report (1958) 14 had
suggested general criminal court reforms and the 172nd Report (2000) 15
had dealt with the matters of rape and dowry death. The Malimath
Committee Report 16 (2003) had suggested comprehensive reforms in the
criminal justice system including adoption of an inquisitorial over an
adversarial system of trial, modification of the burden and standard of
proof, and introduction of new evidence rules. But the suggestions have
attracted criticism for vitiating civil liberties and the right to innocence. The
Committee had suggested police-recorded confessions to be accepted as
admissible if recorded in audio or video format, but it has been criticized on
the ground of not going far enough in avoiding potential torture and coerced
confessions.
The over 4.7 crore case backlog of Indian courts aggravates delays in the
dispensation of justice. Inherent social attitudes, gender and caste prejudices,
and stakeholder resistance can hinder the acceptance and adoption of new
legislation. Criminalization of marital rape, for example, can be resisted by
traditional sections of society. Although the new law focuses on the use of
technology, the digital divide in India is a major hindrance. Rural India, in
fact, lacks the infrastructure for dealing with electronic evidence. Setting up
an independent agency to oversee investigations and control the flow of cases
to courts. Setting up an independent investigation agency with scientific
orientation and facilities. Implementing plea bargaining with adequate

14 14th Report (1958) of Reform of Judicial Administration.

15 172nd Report (2000) of Review of Rape Laws
16 Malimath Committee Report of Reforms of the Criminal Justice System

22
safeguards to decrease the number of under-trial prisoners. Ensuring that the
accused is made aware of their right to legal aid at the time of arrest.
Sensitizing judges to gender bias and ensuring that offensive cross-
examination is not permitted.
The article summarizes that the Indian criminal justice system is in great need
of reform but the Malimath Committee's proposals and those of other similar
bodies must be examined in detail so that they do not encroach upon civil
liberties. The authors emphasize that the rights of the accused must be
protected and the demands of effective law and order must be met in a fine
balance. The authors recommend an overall approach towards reform with
attempts to increase the strength of the institutions, raising greater public
awareness, and utilizing technology in addressing the challenge of enforcing
the new criminal law.

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 LITERATURE REVIEW SECTION II
NAVIGATING THE TRANSITION: CHALLENGES AND
IMPLICATIONS OF
INDIA’S NEW CRIMINAL LAWS
"Implementation of New Criminal Laws in India" discusses the challenges
and implications of implementing the Bharatiya Nyaya Sanhita
(BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya
Bill (BSB), which aim to replace the Indian Penal Code (IPC), Code of
Criminal Procedure (CrPC), and Indian Evidence Act, respectively. Below is
a concise literature review based on the key themes and arguments presented.
The existing criminal laws in India, such as the IPC, CrPC, and Evidence
Act, are colonial-era legislations that have been criticized for being outdated
and inefficient in addressing contemporary issues like cybercrime, terrorism,
and gender-based violence.
Scholars like Ratanlal & Dhirajlal and K.D. Gaur have extensively analyzed
the limitations of these laws, emphasizing the need for modernization and
reform.
The new laws aim to modernize the criminal justice system by introducing
provisions for speedy justice, victim-centric approaches, and the use
of technology in legal processes.
The Malimath Committee Report (2003) and various Law Commission
Reports have long advocated for reforms to address delays, inefficiencies,
and human rights violations in the criminal justice system.
Ambiguity in the language of the new laws and incompatibility with the
current laws are significant barriers. For example, the meaning of "terrorism"
in the BNS can be incompatible with the Unlawful Activities (Prevention)
Act (UAPA). Overloaded judiciary, absence of training of the law
enforcement agencies, and poor infrastructure are significant barriers in the
implementation of the new laws. Gender and caste biases and entrenched
social practices and opposition from the stakeholders can be barriers in the
implementation and enforcement of the new laws. Although the new laws are

24
focused on the use of technology, the digital divide in India, particularly in
rural India, is a significant barrier.
The implementation of the new criminal laws in India is a transformative
endeavour that holds the promise of a more just, equitable, and efficient
criminal justice system. However, addressing the legal, institutional, social,
and technological challenges is crucial to ensuring their successful
enforcement.

25
LIST OF REFERENCES

1 Criminal Appeal No. 253/2017 Rajasthan High Court.

2 (2015) 5 SCC 1
3 2015) 5 SCC 1
4 (2003) 4 SCC 601
5 (1979) 1 SCC 81
6 (2012) 2 SCC 688.
7 (2002) 4 SCC 247

REPORTS
1 The Vohara Committee Report of 1993.
2 14th Report on Reform of Judicial Administration (1958 )

3 172nd Report on Review of Rape Laws (2000)

4 Committee on Reforms of Criminal Justice System (2003)

STATUES

1 Indian Penal Code, 1860

2 Code of Criminal Procedure, 1973
3 Indian Evidence Act, 1872
4 Unlawful Activities (Prevention) Act (UAPA), 1967
5 Information Technology Act, 2000 (ITA).

BOOKS

1 Ratanlal & Dhirajlal's The Indian Penal Code

2 Principles of Criminal Law
3 The Bharatiya Nyaya Sanhita: A Commentary

4 Criminal Law Reforms in India: A Critical Analysis

5 The Bharatiya Nagarik Suraksha Sanhita: A Guide

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 WEBSITES
https://blog.ipleaders.in/criminal-law-in-india/
https://www.vidhikarya.com/legal-blog/evolution-of-criminal-law-in-india
https://trilegal.com/knowledge_repository/a-comparative-analysis-of-the-
new-criminal-bills-and-the-existing-codes/

RESEARCH PAPER
1. Challenges, Opportunities, and Prospects of Implementing India’s New
Criminal Law: n The Context of Swift Justice AUTHORED BY: RUP KUMAR,
LLM, PG Department of Law, Tilka Manjhi Bhagalpur University, Bihar, Cum
Advocate, Civil Court, Bhagalpur, Bihar
2. Criminal Law Reforms in India: A Study on Past, Present And Future Dr
Meena Ketan Sahu & Chandi Prasad Khamari

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