Indian criminal laws from the English time are being supplanted by bills passed by the Parliament, which is by all accounts a significant stage towards modernizing the general set of laws in the country. As to resolving present day issues and satisfying the changing requests of society, these actions look to redress the imperfections and lacks of pioneer time regulation. By passing new laws, the Parliament demonstrates its commitment to advancing justice, enhancing the efficiency of the legal system, and defending citizens' rights.

In addition, India's desire to align its legal system with global best practices and contemporary norms is exemplified by the replacement of outdated statutes with more comprehensive and pertinent statutes. In light of everything, this authoritative undertaking features the country's devotion to keeping up with law and order and is a significant defining moment in the ceaseless course of legitimate change.

The objective of the review is to explain how authoritative changes influence pervasive patterns, social turn of events, and the law enforcement framework by investigating the connection between these two areas. This study offers bits of knowledge into the convoluted connection among changes and their more extensive ramifications for equity, decency, and social prosperity through a careful examination of the writing, observational information, and contextual investigations.

Introduction
During English rule, Indian punitive regulations were intensely impacted by English precedent- based regulation standards. The Indian Penal Code (IPC) of 1860 and the Code of criminal procedure (CRPC) of 1861 were the main improvements of that period. The motivation behind those regulations was to solidify and arrange the different statute winning in the Indian subcontinent.

After freedom in 1947, India started the course of change from a pilgrim general set of laws to a general set of laws that better reflected its own regulation. The Constitution of India took on in 1950, made ready for this progress by cherishing major freedoms and standards of equity. The Indian Constitution established the groundwork for present day official changes, foundation of crucial privileges of residents and standards of equity.

Since then, a few revisions have been made to the IPC and CRPC including other set of statutes over the course of the years to meet the changing necessities of society, developing case regulation and worldwide commitments. These progressions were in many cases affected by significant legitimate choices that deciphered sacred arrangements with regards to criminal regulation.

Aside from changing existing regulations, India has established exceptional regulations to manage arising issues. For instance, regulations on digital wrongdoing, psychological oppression, defilement and violations against ladies and youngsters have been passed to supplement the IPC and CrPC. These authoritative changes have been of critical significance in taking care of the present issues to resolve recent concerns like cybercrime, psychological oppression, debasement and violations against weak areas of society. Even many of these administrative changes have adjusted Indian regulations to global guidelines.

In accord to the same the Indian parliament enacted the three new criminal bills namely- Bhartiya Nyaya Sanhita, Bhartiya Sakshya Adhiniyam, and Bhartiya Nagarik Suraksha Sanhita on 25th December 2023 replacing all the previous criminal laws. These changes go about as an impetus for regulative changes and guarantee that Indian regulations stay important, powerful and receptive to the requests of a quickly developing society.

Historical Background Of Indian Criminal Laws:

The roots of criminal law in India extend far back into antiquity, characterized by a societal emphasis on justice as depicted in numerous religious texts and epics. The ancient Indian legal framework was founded upon the principles of dharma, considered the guiding moral and ethical code governing the universe.

The early legal system in ancient India was predominantly based on Dharma Shastra texts like Manusmriti, Arthashastra, and Dharmashastra. These texts provided guidelines for moral conduct, including punishments for offenses. The concept of Dandaniti (administration of justice and punishment) was prevalent, where punishments were often based on the severity of the offense and the social status of the offender.
In the medieval era, India's legal landscape witnessed transformations with the introduction of Islamic law.

Sharia law gained prominence, accompanied by the establishment of courts dedicated to its enforcement. The Fatawa-i-Alamgiri, also known as the Hidaya, was a significant legal code during this period, providing guidelines for criminal justice. The Mughal

Empire played a pivotal role in shaping the legal system and criminal laws, a legacy that persisted even during the British colonial period.

Under British rule, India experienced substantial legal reforms, including the codification of criminal law. The British colonial rule significantly shaped India's legal system. Initially, British administrators relied on local customs and religious laws to administer justice.

The British East India Company established the first codified criminal law in India through the Bengal Regulations of 1793, which introduced a systematic approach to law enforcement and punishment. The Indian Penal Code (IPC) was enacted in 1860 under the British rule and served as the main criminal code for the entire Indian subcontinent.

It was drafted by Lord Macaulay and drew inspiration from English common law principles while incorporating local customs and practices. The Code of Criminal Procedure (CrPC) was also introduced in 1861, which outlined procedures for the investigation and trial of criminal cases. Additionally, special laws such as the Indian Evidence Act of 1872 and the Code of Civil Procedure of 1908 further standardized legal procedures.

Shift In Regulations: Colonial Era To Contemporary Legislative Reforms:

The essence of legal evolution lies in the nuanced strategies employed to protect the rights of women and children, alongside imposing severe penalties for transnational gangs, organized crime, and sexual offenses. The implementation of capital punishment for offenses against girls under 18, along with the revised sedition statutes, highlights a dedication to upholding justice and safeguarding national integrity.

Restructuring the procedural elements, with a strong emphasis on compulsory digitization within the criminal justice system, underscores the pivotal role of forensic science and the increased accountability demanded of law enforcement agencies has been one of the major goals of this shift. The suggestion of summary trials aimed at easing the backlog of cases in District Courts, along with the focus on promptly notifying individuals of charges, underscores a dedication to swift dispensation of justice.

The rapid evolution of India's criminal laws can be attributed to multiple factors, primarily motivated by the imperative to confront the challenges arising from a rising crime rate and the changing landscape of criminal behavior, particularly in the digital era.

The existing criminal statutes were perceived as relics of colonial rule and inadequate in tackling contemporary complexities. Recognizing the need for a comprehensive overhaul, policymakers realized that colonial-era laws, inherited from the British Parliament, were ill-suited to address modern-day challenges, including sophisticated crimes facilitated by digital technologies. Consequently, legislative reforms were pursued to introduce more robust and up-to-date procedural and substantive measures aimed at combating and deterring such criminal activities.

The impetus behind this extensive overhaul stemmed from the acknowledgment that the existing legislation required significant revisions to align with modern societal standards and tackle the distinctive challenges of the contemporary era. The reform aimed not only to ensure that criminal laws effectively penalized offenders but also to deliver justice through established legal procedures.

The historical allusions to these laws in the British Parliament, London Gazette, Privy Council, and the British Crown underscored the colonial heritage of the legal framework. 1The necessity for change was underscored by the prolonged adherence to these rules in India as a nation, with their colonial origins increasingly recognized as outdated and incongruous with the values and aspirations of the nation.

Importance Of Legislative Changes In Addressing Present-Day Issues And Societal Demands:

For many years, the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act formed the foundation of India's legal system. Originating from the British colonial period, these laws, while amended over time, frequently failed to meet the evolving needs of contemporary India. There was a growing realization of the necessity for a legal structure that better aligns with present-day societal norms and technological progress.

The implementation of new criminal laws in India stemmed from a pressing societal need to address the shortcomings of existing legal frameworks. Over time, the Indian Penal Code (IPC, the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, rooted in the British colonial era, proved inadequate in effectively addressing the dynamic challenges faced by modern Indian society. Despite periodic amendments, these laws struggled to keep pace with evolving societal values, technological advancements, and complex criminal activities.

The societal need for implementing new criminal laws was multifaceted. Firstly, there was a growing recognition of the need for laws that better reflected contemporary values, such as principles of equality, justice, and human rights. Additionally, advancements in technology and changes in criminal behavior required a legal framework capable of effectively addressing new forms of crime, such as cybercrime and white-collar crime.

Moreover, the existing legal system often faced criticism for being overly complex, slow, and inaccessible to many citizens, particularly marginalized communities. Therefore, there was a demand for legal reforms that would streamline judicial processes, enhance access to justice, and ensure greater accountability and transparency within the criminal justice system.
Overall, the societal need for implementing new criminal laws in India was driven by a desire to create a more equitable, efficient and responsive legal system capable of effectively addressing the challenges of the modern era.

Reforms in criminal laws, are necessary to align them with contemporary moral and ethical standards. This entails eliminating certain penal code offenses to ensure consistency with constitutional morality, which emphasizes narrow definitions of crimes and the presumption of innocence. Additionally, reforms are needed to balance the power dynamics between individuals accused of crimes and the state, ensuring that the state does not exploit its authority as a prosecutor unfairly.

Obsolete and archaic provisions within the criminal and penal codes must be eliminated to better reflect the principles of liberty. While the IPC was originally meant to undergo regular legislative revisions, this process has been lacking, leading courts to take on the responsibility themselves. However, these amendments have often been ad hoc and reactive, rather than comprehensive and proactive.

Another crucial aspect of reform is the removal of ambiguity and vagueness within the laws. For example, the distinction between 'culpable homicide' and 'murder' is often criticized for its unclear definitions, with 'homicide' not being defined at all. Clarity in legal definitions is essential to ensure fair and just application of the law.

Legal experts suggest that the bills incorporate notable modifications across various aspects of the justice system. Notably, they expand the scope of penal laws to encompass offenses such as terrorism, corruption, mob lynching, and organized crime. Additionally, they permit individuals to lodge a police complaint at any police station, irrespective of where the crime occurred.

The bills also advocate for the video recording of search and seizure activities and promote the enhanced utilization of electronic evidence and forensic techniques during investigations. Furthermore, they introduce community service as an alternative form of punishment. They also propose expediting judicial proceedings through video trials and conducting trials in the absence of the accused.

Requirements For The New Criminal Laws:

India, with its assorted and advancing society, has been effectively participated in authoritative changes to modernize its lawful structure. A few key bills passed by the Indian Parliament as of late mirror this obligation to refreshing regulations for equity, proficiency, and protecting residents' freedoms. The regulative changes embraced by the Indian Parliament mirror a blend of targets, from civil rights to financial modernization.

While certain demonstrations were extolled for their plan to safeguard privileges and advance proficiency, others confronted analysis for expected negative ramifications or deficient contemplations. The discussion forges ahead with finding some kind of harmony between equity, productivity, and residents' freedoms in India's developing lawful scene.

Further, these new laws were created as a result of socio- political factors. The emphasis on justice that places victims at the forefront, the necessity for regulations in response to the digital revolution, and the evolving societal values each significantly influenced the situation. Additionally, there were pressures such as judicial activism highlighting inefficiencies and international obligations as well as diverse opinions from judges.

While recognizing the potential for enhancement, they also stressed the significance of comprehending and executing change. Additionally, it has been highlighted that justice delivery in India has been sluggish, attributed to numerous pending cases across various courts. Consequently, there is a pressing need to shift towards a contemporary legal system.

Detailed Analysis Of New Criminal Laws:

India's legislative framework is on the verge of major changes with the implementation of the Bhartiya Nagarik Suraksha Sanhita Bill (BNSS), Bhartiya Nyaya Sanhita Bill (BNS) and Bhartiya Sakshya Bill (BSB). These bills, which replace the Criminal Procedure Code (CRPC), the Indian Penal Code (IPC) and the Evidence Act, represent a major change in the legal structure of the country.

BNS, which supposedly replaces STK, introduces a new legal paradigm with 356 articles instead of the previous 511 articles. Careful revision changed 175 sections, added 8 new sections and deleted 22 sections. This revision not only streamlines the law, but also addresses outdated standards that have been in place for decades.

The BSB, which is expected to replace the Evidence Act, reflects a careful reorganization with 170 sections, a modest increase from the previous 167 sections. A closer look reveals changes in 23 episodes, the addition of one new episode and the deletion of parts 5 episodes. The emphasis on evidentiary proceedings in the digital age is evident, as are provisions for electronic and digital records, e-FIR requirements and mandatory video recording during critical court proceedings. Together, these changes are a proactive response to the changing nature of crime, advances in technology and the need to strengthen the law.

BNSS, which will take over from CRPC, is characterized by a large contingent of 533 divisions. An important development, it includes changes to 160 existing sections, the addition of 9 new sections and the deletion of 9 sections. This important change emphasizes the legislative duty to adapt legal acts to modern needs.

The upcoming introduction of BNSS, BNS and BSB will redefine the Indian legal landscape and usher in a new era of accuracy, transparency and relevance in the administration of justice.

Key Provisions Imbedded In New Criminal Laws:

India is on the verge of a legal revolution with the imminent perpetration of ground-breaking legislation aimed at reforming the traditional legal frame. Embedded in social laws, these archetypal bills were a relic of the history, taking changes to meet ultramodern demands.

• Reconsidering Sedition and Fighting Terrorism: The amended Section 150 of the Bhartiya Nyaya Sanhita (BNS) bill retains the substance of sedition under Section 124A but expands the description to encompass a broader range of acts harming the sovereignty, harmony, and integrity of India. Aligning with the Law Commission's recommendation, the proposed legislation increases the maximum captivity judgment for sedition from three to seven years, barring the provision allowing forfeitures as the sole discipline. Specifically, the BNS bill marks a major moment by explicitly defining terrorist acts, encompassing fortified insurrection, subversive conditioning, racialism, and conduct undermining India's harmony, sovereignty, and integrity.
• Police Responsibility: The proposed legislation prioritizes responsibility by taking timely updates on the status of police complaints. The strict deadline for filing payment forms and deadlines indicate a fast court procedure. Completing the disquisition within 180 days is an important step to ensure a fair and speedy trial. In addition, the rights of citizens are defended by the demand that the victim be heard before more than seven years of discipline is abandoned.
• Reduction of Pending Cases: To reduce the burden of pending cases, BNSS proposes to introduce a trial for offenses punishable by up to 3 years. This visionary provision is set to end more than 40 percent of the cases pending in the Sessions Courts. Striking a balance between wisdom and justice, the proposed laws call for early charges, expedited sentencing, and online form of orders, moving away from prolonged litigation.
• Organized Crime: The legislative changes bring strong provisions against international gangs and organized crime. The law shows a determined effort to fight against criminal networks. In particular, the legislation introduces powers to seize the assets of declared culprits, dealing a major blow to the financial foundations of these illegal businesses.
• The Fight Against Fraudulent Sexual Intercourse and Gang Rape: A revolutionary change in the legal landscape, the law criminalizes intercourse under false pretenses such as "marriage, employment, promotion, and false identity."
• Comprehensive Protection of Women and Children: The new laws take a comprehensive approach to protect women and children, going beyond penalties to help prevent abuse of power by law enforcement agencies. The harsher penalties, including stiffer captivity terms and forfeitures, are designed to discourage crimes committed in the presence of minors.
• Mob Lynching: The BNS specifically introduces murder or causing grievous bodily harm to five or more people for reasons including race, caste, language, or personal beliefs. Penalties for these offenses range from a minimum of seven years in captivity to life imprisonment or death.
• Eradicating Heinous Crimes: The recently proposed laws introduce the death penalty for crimes against girls under the age of 18, signaling a stern stance against grave offenses. The legislation also addresses the brutality of mob lynching, providing for death sentences, seven years in jail, or life imprisonment based on the severity of the case. These measures emphasize a commitment to ensuring the safety and security of vulnerable individuals.
• Digital Documents: The foundation of these legislative changes is the introduction of digitization in archiving. The Bhartiya Sakshya Bill (BSB) takes a significant leap by expanding the definition of documents to include various electronic and digital records, including emails, server logs, smartphones, and more. This forward-looking approach extends to the complete digitization of the criminal justice system and heralds a new era from First Information Reports (FIRs) to case journals, charges, and convictions. The introduction of e-FIR and online updates for families of arrested persons reflects the commitment to using technology to increase transparency in the justice system.
• Video Recording: To ensure the integrity of court proceedings, new laws require video recording of search and seizure processes. The purpose of this pivotal step is to avoid false conclusions and strengthen the admissibility of evidence in court.

Therefore, these comprehensive emendations in the BNS reflect a contemporary and nuanced approach to felonious legislation, icing alignment with current societal requirements while upholding the principles of justice and integrity.

Suggestions and recommendations:

• The concept of community service is vague and needs to be given clear and precise meaning.
• The name uses the word "Nagrik Suraksha Sanhita," which refers only to human beings—this could be changed to "Bhartiya Prani/Praja Suraksha Sanhita."
• Omission of adultery—Yajnavalkya Smriti and other Dharmik books state that cheating in marriage is a punishable offence; it is one of the 16 pious sanskars in Hindu religion.
• Still, the proceedings are lengthy and time-consuming.
• Retaining the age of criminal responsibility at 12 years with an extension to 12 years raises questions about the alignment of the BNS with transnational norms on juvenile justice.
• The BNS introduces offences that overlap with special laws, leading to implicit conflicts in penalties and procedures. These overlaps pose challenges in non-supervisory compliance, increase the cost of adherence, and open the door to multiple charges, raising concerns about legal complexity.
• The BNS omits Section 377 of the IPC, which was previously read down by the Supreme Court. This omission removes provisions regarding the rape of men and bestiality as offences, warranting closer examination of the implications for gender justice and the protection of vulnerable groups.
• As the notion goes that the criminal laws are women-oriented, this could have been changed to a certain extent.
• The punishments for certain offences could have been made more stringent.
• There is no provision for cruelty against men similar to that for women.
• False accusations of rape (a heinous crime) by women should have been made punishable.
• Acts other than those against the sovereignty of India should also be included in terrorism-related acts.

References:

1. Books:
   • The Indian Penal Code – Ratanlal & Dhirajlal – 35th Edition
   • Law of Evidence – Batuk Lal – 24th Edition
   • Criminal Procedure – C. K. Takwani – 5th Edition
2. Bare Acts:
   • The Indian Evidence Act, 1872
   • The Indian Penal Code, 1860
   • The Code of Criminal Procedure, 1973
   • The Bhartiya Nyaya Sanhita, 2023
   • The Bhartiya Nagarik Suraksha Sanhita, 2023
   • The Bhartiya Sakshya Adhiniyam, 2023

End-Notes:

1. Negi, Chitranjali, Legal Evolution in India: Transitioning from Colonial Legacies to New Frontiers- An In-depth Analysis of Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill in 2023 (December 28, 2023).
2. Negi, Chitranjali, Legal Evolution in India: Transitioning from Colonial Legacies to New Frontiers- An In-depth Analysis of Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill in 2023 (December 28, 2023).