Procedure in Practice

In 2024, India has witnessed an overhaul of its criminal justice framework with the enactment of the new criminal laws. These reforms have been positioned as a decisive shift towards a modern, decolonised, and citizen-centric system,  one that promises faster trials, improved access to justice, and more efficient processes. Procedural law, which shapes how the State exercises its coercive powers and how individuals experience the justice system, lies at the heart of this transformation.

However, the effectiveness of such reform depends not merely on legislative design, but on how it is implemented in practice. Criminal procedure operates through a complex network of actors of police officers, judges, and practitioners, whose daily decisions ultimately determine how the law functions on the ground. Without adequate preparation, clarity, and institutional support, even well-intentioned reforms risk remaining formal rather than functional.

This report seeks to bridge that gap between law and lived experience. Drawing on practitioner perspectives, it examines key procedural changes introduced by the Bharatiya Nagarik Suraksha Sanhita (BNSS) across different stages of a criminal case. By analysing these reforms through the lens of intent versus practice, the report highlights the extent to which they have altered the functioning of the criminal justice system. It identifies recurring challenges in implementation, including expanded discretion, infrastructural constraints, and the absence of stakeholder engagement.

In doing so, the report aims to contribute to a broader conversation on criminal justice reform in India, one that moves beyond legislative change to focus on institutional readiness, accountability, and principled lawmaking.