An Inquisition into The Philosophy Behind the New Criminal Laws of India
- Comprehensive Analysis of BNS, BNSS, and BSA reforms.
- Modern Legal Framework from colonial codes to justice-driven laws.
- Accessibility, cultural sensitivity, and victim welfare emphasized.
- Contemporary Challenges Addressed
- Philosophical Insight guiding India’s evolving justice system.
Prof. (Dr.) Rajesh Bahuguna is a renowned academic leader serving as the Pro Vice Chancellor and Dean of Law College Dehradun, Uttaranchal University. With degrees in LL.B. and LL.M. from Jai Narayan Vyas University, Jodhpur, and a Ph.D. from Kurukshetra University focusing on Alternative Dispute Resolution Systems in India, Dr. Bahuguna specializes in Constitutional Law and Alternative Dispute Resolution. Editor-in-Chief of Dehradun Law Review, he has published 48 research papers and has over 45 years of professional experience, including 15 years in the Indian Air Force. His contributions to academia emphasize innovation, skill development, and aligning education with societal needs.
About Book
*"An Inquisition into The Philosophy Behind The New Criminal Laws of India"* presents an in-depth exploration of India’s transformative shift from archaic, colonial-era criminal codes to a modern, inclusive, and progressive legal framework. On **July 1, 2024**, India replaced its outdated criminal laws—**Indian Penal Code (1860), Indian Evidence Act (1872), and Code of Criminal Procedure (1973)**—with **BNS, BNSS, and BSA**. This significant overhaul was necessitated by the inadequacies of the previous laws, which failed to address the complexities of contemporary India’s social, cultural, and technological landscape.
The book meticulously examines the philosophical, ethical, and practical considerations underpinning the formation of these new laws. It highlights how the **BNS, BNSS, and BSA** are not merely replacements but are designed to resonate with India’s democratic values, cultural diversity, and the growing need for a victim-centric and accessible justice system. By incorporating concepts like **Zero FIR, e-FIR, community service, and speedy trials**, these laws strive to ensure fairness, justice, and inclusivity.
Moreover, the book addresses critical issues such as **terrorism, cybercrimes, mob lynching, and organized offenses**, offering insights into how the new framework aims to provide robust legal mechanisms to tackle modern challenges effectively. It also delves into the philosophical ideals of justice, fairness, swaraj, and the need for a legal system rooted in Indian ethos while aligning with global standards.
Aimed at **policymakers, legal professionals, scholars, and citizens**, this book serves as a comprehensive guide to understanding the revolutionary shift in India’s criminal justice system. It emphasizes the importance of a responsive and culturally sensitive legal structure that reflects the conscience of **Bharat** and strives toward a just, equitable, and progressive society.
Preface
The enactment of the new criminal laws on **July 1, 2024**, marks a monumental transformation in India’s legal landscape. Replacing the outdated and colonial-era codes—**Indian Penal Code (1860), Indian Evidence Act (1872), and Code of Criminal Procedure (1973)**—the new laws **BNS, BNSS, and BSA** represent a progressive shift toward justice, inclusivity, and accessibility. This book seeks to unravel the philosophical and ethical foundations guiding these reforms and their implications for a modern Indian society.
The previous criminal laws, designed during the British era, primarily served colonial interests rather than addressing the complexities of Indian society. With the passage of time, technological advancements, new societal challenges, and evolving cultural realities rendered those laws inadequate. The urgent need for a justice system that resonates with the principles of democracy, equity, and cultural sensitivity became apparent.
This book delves into how the new legal framework strives to address contemporary issues like **terrorism, cybercrime, mob lynching, and organized offenses**, while emphasizing **speedy justice, victim welfare, and community service**. It highlights the integration of concepts such as **Zero FIR, e-FIR, and restorative justice**, making justice more accessible and understandable for all.
By presenting a comprehensive philosophical inquiry, this book aspires to serve as a critical guide for policymakers, legal professionals, scholars, and citizens eager to understand India’s evolving criminal justice system. It is an endeavor to illuminate how these reforms reflect the conscience of **Bharat** and its commitment to a just and progressive future.
Acknowledgement
This book is the culmination of a journey that would not have been possible without the encour
agement, guidance, and support of several individuals who inspired us along the way. It is with
profound gratitude that we acknowledge their contributions.
First and foremost, we express our heartfelt thanks to Lieutenant General (Retd.) Gurmit
Singh, Honorable Governor of the State of Uttarakhand, for his unwavering commitment to
education and his inspiring vision for fostering academic excellence. His leadership and
encouragement have been a constant source of motivation throughout this endeavor.
We are deeply grateful to Mr. Jitendra Joshi, President of Uttaranchal University, for creating
an environment that nurtures intellectual exploration and innovation. His steadfast support of
academic pursuits has been instrumental in enabling this work to come to fruition.
We extend our sincere gratitude to Professor Dharam Buddhi, Vice-Chancellor of Uttaranchal
University, for his dynamic leadership and dedication to academic growth. His encouragement
has been invaluable in realizing this project.
We also owe a special debt of thanks to Professor Poonam Rawat, Principal of Law College
Dehradun, Uttaranchal University, whose guidance and encouragement have been pivotal in
shaping our thoughts and refining this work. Her unwavering support and belief in our abilities
have made this journey even more rewarding.
We are also thankful to Mr. Vineet Sharma of Integrity Education, New Delhi for undertaking
the work of publication and finalizing everything within a short span of time.
Finally, we thank our family, friends, and colleagues, who have been our pillars of support, and
all those whose invaluable contributions, both direct and indirect, have made this book a reality.
To them, we owe our deepest gratitude.
It is with their collective inspiration and support that this book has been completed, and we
dedicate it to their shared vision of justice and progress.
Inside Book
| SL NO. | CHAPTERS NAME | PAGE NO. |
| FOREWORD | iii | |
| PROLOGUE | iv-vi | |
| 1. | NATIONHOOD | 1-19 |
| 2. | SWARAJ | 20-32 |
| 3. | TIME, PLACE & CIRCUMSTANCES | 33-64 |
| 4. | SPEEDY JUSTICE AND INCREASED ACCOUNTABILITY | 65-81 |
| 5. | SOCIETAL PROGRESSION AND NEW DIMENSIONS | 82-101 |
| 6. | VICTIM WELFARE | 102-110 |
| 7. | TERRORISM | 111-121 |
| 8. | ZERO AND E-FIR | 122-131 |
| 9. | MOB LYNCHING AND SNATCHING | 132-143 |
| 10. | ORGANIZED CRIMES AND PETTY OFFENCES | 144-151 |
| 11. | COMMUNITY SERVICES | 152-160 |
| 12. | FUTURE PERSPECTIVES | 161-169 |
| 13. | REFERENCES | 170-171 |
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