Human Rights and Criminal Justice Reforms under the New Criminal Laws, 2023

Abstract

India’s three new criminal laws—the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam—seek to modernise substantive criminal law, procedure and evidence. This article examines these reforms from a human-rights perspective. It analyses electronic reporting, forensic investigation, victim participation, trial timelines, undertrial release, community service and recognition of digital evidence. These measures may improve access, transparency and procedural efficiency. At the same time, provisions concerning extended police-custody flexibility, handcuffing, preliminary inquiries, trials in absentia and broadly framed national-security offences raise concerns regarding liberty, equality, privacy and fair trial. The continuation of the marital rape exception and inadequate recognition of gender-diverse victims also reveal unfinished reforms. The article concludes that the new framework can advance human rights only through strict judicial supervision, effective legal aid, forensic capacity, data protection, police accountability and rights-sensitive implementation.