A COMPARATIVE ANALYSIS OF THE NEW AND OLD CRIMINAL LAWS IN INDIA

AUTHOR – SUKRITI GUPTA* & AYUSH SARAN**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

** FACULTY AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS

BEST CITATION -SUKRITI GUPTA & AYUSH SARAN, A COMPARATIVE ANALYSIS OF THE NEW AND OLD CRIMINAL LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 900-917, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Indian criminal justice system has witnessed a historical transformation with the enactment of three new legal frameworks in 2023: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the BharatiyaSakshyaAdhiniyam (BSA), replacing the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively. These reforms signify a decisive step toward decolonizing and modernizing India’s legal structure to address contemporary societal issues, improve procedural efficiency, and enhance justice delivery mechanisms. This research paper explores the comparative dimensions of these laws, highlighting key changes, including the introduction of community service, digital evidence handling, and gender-neutral provisions. It critically examines the effectiveness of these innovations and evaluates the challenges posed by vague definitions, potential overlaps with existing legislation, and implementation readiness. Through a detailed comparison, the paper aims to provide a holistic understanding of the new criminal law regime, its progressive strides and the reforms that remain to ensure a robust and inclusive legal system for modern India.

Keywords- BNS, BNSS, BSA, IPC, CrPC, IEA