Abstract
Background: The Bharatiya Nyaya Sanhita, 2023 (BNS), represents a major transformation in India's substantive criminal law and criminal justice framework.
Objective: This study examines the principal legal, institutional, and practical challenges affecting the effective implementation of BNS.
Methodology: This study adopts a doctrinal-empirical approach, combining statutory analysis with; judicial and scholarly literature, policy documents, and stakeholder-based empirical inquiry.
Findings: The analysis identified legal ambiguity, institutional transition, inadequate professional training, uneven technological capacity, limited public awareness, interpretative uncertainty, and weak inter-institutional coordination as major barriers to implementation. Police, judiciary, prosecution agencies, advocates, forensic institutions, and legal educators require adequate preparation and capacity building.
Conclusion: Legislative reform alone cannot ensure meaningful transformation of the criminal justice system. Effective implementation requires continuous professional education, technological infrastructure, uniform implementation guidelines, institutional cooperation, legal clarification, stakeholder participation, and periodic empirical evaluation. This study proposes an evidence-based implementation framework to strengthen the long-term effectiveness, consistency, accessibility, and accountability of the reformed criminal justice system in India.