EVOLUTION OF THE CRIMINAL JUSTICE SYSTEM IN INDIA: COLONIAL LEGACY AND REFORMS
AUTHOR – ABHYUDAY RAM TRIPATHI* & DR.SHEEBA KHALID**
* STUDENT AT AMITY UNIVERSITY LUCKNOW CAMPUS
** ASSISTANT PROFESSOR AT AMITY UNIVERSITY LUCKNOW CAMPUS
BEST CITATION – ABHYUDAY RAM TRIPATHI & DR.SHEEBA KHALID, EVOLUTION OF THE CRIMINAL JUSTICE SYSTEM IN INDIA: COLONIAL LEGACY AND REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 727-738, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The criminal justice system in India has evolved from a plural and community-based set of norms in the pre-colonial period to a highly codified, state-centric apparatus under British rule and a rights-oriented, constitutional framework in the post-independence era. The British introduced the Indian Penal Code 1860 (IPC), the Code of Criminal Procedure 1898 (CrPC), and the Indian Evidence Act 1872 to serve imperial interests, centralise authority, and control subject populations rather than to secure substantive justice. After 1950, the Constitution reoriented this inherited system around fundamental rights, particularly Articles 14, 19, 20, 21 and 22, and the Supreme Court gradually transformed criminal procedure through expansive interpretations of Article 21. Subsequent statutory and institutional reforms—including the CrPC 1973, victim-centric rape law amendments, the Malimath Committee’s recommendations, police reforms mandated in Prakash Singh, and recognition of rights such as speedy trial and safeguards against custodial torture—have sought to reconcile colonial-era structures with democratic values. Yet many colonial legacies endure in policing culture, penal practices, and hierarchical institutional design, as highlighted by contemporary scholarship and recent debates around the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) enacted to replace the IPC, CrPC and Evidence Act.
This paper traces the historical evolution of the Indian criminal justice system, analyses the colonial imprint on substantive, procedural, and institutional arrangements, and critically evaluates major post-independence reforms with reference to leading case law. It argues that while constitutional jurisprudence has significantly humanised criminal law and procedure, structural and cultural continuities from the colonial period continue to limit the system’s capacity to deliver speedy, fair and victim-sensitive justice.
Keywords
- Dharmashastra
- Legal Traditions
- Indian Penal Code
- Criminal Procedure Code
- Indian Evidence Act