Evolution of Codified Criminal Laws in India: A Voyage from Colonialization to Decolonization

Abstract

This research paper delves into the profound evaluation of criminal laws in Bharat from the Vedic era to the decolonization of criminal statutes. The narrative begins with evaluating the criminal justice system from the Vedic ages to today's new decolonized criminal laws in India. The paper scrutinizes the various time duration for evaluation of criminal laws in Bharat: Before the Vedic era (Vedas (Rig, Yajur, Sāma, and Atharva), Shrutis, Puranas, and many more), During the Vedic era (Dharamshastra and Arthshastra), Mughal period, British colonial period, and Decolonialization of criminal laws in India. The various objectives behind the decolonization of new criminal laws include Eradication of Colonial-Era law, Offence against the state, Modernization of the criminal justice system, Strengthening Accountability and Rule of Law, and Democratizing the Law. Understanding the evaluation of laws from the colonial era to the decolonization of criminal laws, importing critical legal changes brought under Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Act (BSA) in 2023, this study closely observes the backdrop, what inspires the law to launch such amendments and what subtleties result in these alterations. This historical analysis is taken up first that describes the colonial legacy of India's legal system, and how relics of archaic legislations are part of its system even today. With this background, the exam is placed against a backdrop of rising crime and changing characteristics of criminal behaviors occasioned by new technological breakthroughs that require all-around changes. The paper scrutinizes the supreme provisions of the BNSS towards replacing the archaic Code of Criminal Procedure, the BNS which is poised to replace the Indian Penal Code, and the BSA which is to replace the Evidence Act. This report will appraise the major changes in the number of sections that are incorporated into the new schemes, record digitalization, and the inevitable drift towards forensic science and collection of evidence.