Critical Analysis of the New Criminal Laws and their Detrimental Effects on Civil Liberties

Abstract

In 2024, India enacted three landmark criminal laws. The Bharatiya Nyaya Sanhita 2023, The Bharatiya Nagarik Suraksha Sanhita BNSS 2023 and The Bharatiya Sakshya Adhiniyam BSA 2023 to replace the colonial Indian Penal Code, Criminal Procedure Code and the Indian Evidence Act respectively. While aimed at modernizing the criminal justice system through victim centric approaches, technology integration and faster trial processes with reformative ideas, these law laws have sparked critical debate and have become the subject of controversy ever since they were presented as measures in the parliament. As the date of their enforcement finally arrives, the chorus of criticisms only grow louder regarding their adverse impact on civil liberties. It is also pertinent to mentioned that under the 3 new criminal laws registering First Information Report (F.I.R) has no longer become effective as the new law under BNSS may likely result in delay investigation or misuse of power by the police official and most importantly the new laws also raise more concern about arbitrary detention and abuse of power against the innocent denizens infringing their fundamental rights. In 2022, before the Bharatiya Nyaya Sanhita (BNS) was enacted, the Supreme Court had halted ongoing criminal trials and court proceedings under section 124A of the Indian Penal Code (IPC), but under the new BNS, it is also believed that the new sedition law has opened its backdoor under section 152, posing a greater threat to the nation's citizens as a whole. Besides all this concern with the arrival of these 3 new laws it has create more confusion in the syllabus of the school and colleges, the working of the court system, etc. This paper analyses the historical context, the key features of these laws and delve into the landscape of the surge in the criticisms and outlines the civil liberties concerns under the new criminal laws emerging from their implementation.