Reclaiming Justice: The Indianization of the Legal System in Postcolonial India

<p><em>          India’s legal system, though deeply rooted in democratic principles and constitutional ideals, has long carried the legacy of its colonial past. The Indian Penal Code (1860), Code of Criminal Procedure (1898), and Indian Evidence Act (1872) were designed by British rulers to control a colonized population, not to serve a free democratic society. Despite over seven decades of independence, these colonial-era laws remained the backbone of India’s criminal justice system, often criticized for being outdated, hierarchical, and misaligned with the socio-cultural realities of modern India. In recent years, the Indian government has embarked on a mission to “Indianize” its legal system, culminating in the introduction of three new codes: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Sanhita (BSS). These laws aim to replace their colonial predecessors with a more citizen-centric, transparent, and culturally relevant framework. The Indianization process is not merely about renaming laws; it reflects a deeper effort to align legal institutions with the values of justice, inclusivity, and human dignity enshrined in the Constitution.</em></p>

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-10-30
DOI
https://doi.org/10.5281/zenodo.15833744
Primary Topic
Legal and cultural studies analysis
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Reclaiming Justice: The Indianization of the Legal System in Postcolonial India

Zenodo (CERN European Organization for Nuclear Research)
Legal and cultural studies analysis
article

Reclaiming Justice: The Indianization of the Legal System in Postcolonial India

article en

Abstract

<p><em>          India’s legal system, though deeply rooted in democratic principles and constitutional ideals, has long carried the legacy of its colonial past. The Indian Penal Code (1860), Code of Criminal Procedure (1898), and Indian Evidence Act (1872) were designed by British rulers to control a colonized population, not to serve a free democratic society. Despite over seven decades of independence, these colonial-era laws remained the backbone of India’s criminal justice system, often criticized for being outdated, hierarchical, and misaligned with the socio-cultural realities of modern India. In recent years, the Indian government has embarked on a mission to “Indianize” its legal system, culminating in the introduction of three new codes: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Sanhita (BSS). These laws aim to replace their colonial predecessors with a more citizen-centric, transparent, and culturally relevant framework. The Indianization process is not merely about renaming laws; it reflects a deeper effort to align legal institutions with the values of justice, inclusivity, and human dignity enshrined in the Constitution.</em></p>

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 43%
Legal and cultural studies analysis
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.