India’s Law Gets a Makeover: But Is Justice Still Wearing Old Clothes ?

Mohammad
1 day ago
2 min read

Central Wing of the Supreme Court of India where the Chief Justice's courtroom is situated

What’s Happening?

Imagine if your school rules were written by someone who left 75 years ago—and you still had to follow them. That’s been the reality for India’s legal system, with many laws dating back to British rule.

Now, India is rewriting the script. In 2023, Parliament passed three new laws to replace the old criminal codes:

Bharatiya Nyaya Sanhita (BNS)—replacing the Indian Penal Code
Bharatiya Nagarik Suraksha Sanhita (BNSS)—replacing the Code of Criminal Procedure
Bharatiya Sakshya Adhiniyam (BSA)—replacing the Indian Evidence Act

These laws are supposed to “decolonize” Indian justice and make it more relevant to today’s society.

But here’s the twist: The Supreme Court is now the battleground for big questions about how these laws are used—and whether they really fix the problems of the past.

Why Is This Important?

Legal Power Moves: The government says this is about breaking free from colonial mindsets and making justice fairer for everyone. But some critics worry the new laws could actually make it easier for authorities to misuse their power, especially against minorities or protesters.
Justice vs. Bulldozers: The Supreme Court recently faced cases where state governments demolished homes as “punishment” for alleged crimes—sometimes targeting specific communities. Critics call this “Bulldozer Justice.” The Court talked a lot about the rule of law, but didn’t fully stop the demolitions or address discrimination.
Rights at Risk: With new definitions for crimes like mob lynching, terrorism, and organized crime, the laws aim to address modern challenges. But activists and opposition leaders fear some changes could threaten free speech or increase police powers.

What Does the Law Say?

New Offenses: The BNS introduces crimes like mob lynching and organized crime, and allows for community service as punishment—a first in India.
Zero FIR: Now, you can file a police report anywhere, not just where the crime happened.
Modern Language: The new laws ditch colonial terms and use Hindi names to reflect Indian identity
Controversy: While the government calls this a “watershed moment,” opposition leaders argue the laws were rushed through Parliament and could be misused.

Quotes & Reactions

Government: “India…has come up with its own set of laws, saying goodbye to the centuries-old colonial criminal jurisprudence.” — Sudhanshu Mittal, BJP
Opposition: “India will no longer allow this ‘Bulldozer justice.’” — Mallikarjun Kharge, Congress President
Legal Experts: Some say the Supreme Court is “avoiding the real issue” by not fully protecting vulnerable groups from state overreach.

The Big Picture

Decolonizing Indian law isn’t just about changing words in a book. It’s about whether justice in India will truly be fair, modern, and equal—or if old habits will just get new names.