The Imprint of Colonialism: Western Influences on India's Criminal Justice Framework and the Decline of Indigenous Legal Customs

RAM KRISHNA BAGHEL; KUNVAR DUSHYANT SINGH

doi:10.36948/ijfmr.2026.v08i01.67319

The Imprint of Colonialism: Western Influences on India's Criminal Justice Framework and the Decline of Indigenous Legal Customs

Author(s)	Mr. RAM KRISHNA BAGHEL, Dr. KUNVAR DUSHYANT SINGH
Country	India
Abstract	India’s traditional legal system was deeply rooted in its cultural fabric, reflecting the values, beliefs, and customs of its diverse communities. Justice was not merely a legal concept but a moral and social obligation intertwined with religious and customary laws. Dharma formed the centre of this system, which incorporated righteousness, duty, and justice as key principles for preserving social order. The pre-colonial legal system was the mirror of diverse cultures in India, which relied on harmony, duty, and social coherence with Hindu Dharmashastra, Islamic Sharia, and indigenous tribal traditions as its tenets. The indigenous mechanisms of dispute resolution were largely community-driven, with Panchayats, caste councils, and religious authorities playing a central role in administering justice. These focused on reconciliation and restorative justice, ensuring that legal decisions aligned with societal values and traditions. British colonization, on the other hand, introduced a centralized legal system emphasizing retributive justice, individual rights, and bureaucratic procedures, replacing India's traditional community-based mechanisms. While this shift standardized and modernized legal principles, it marginalized indigenous justice traditions. Even after independence, India retained much of the colonial framework and is still working to gradually adapt it to align with its cultural values. Indian Judiciary has ever since been working to balance western influences with India's socio-cultural realities. This paper delves into India's legal evolution, highlighting the balance between Western influences and indigenous traditions. It explores challenges in integrating imported legal principles, the impact of globalization, and the evolution of criminal laws. Ultimately, it argues for a nuanced approach to modernization that preserves cultural heritage while ensuring justice.
Keywords	Traditional Legal Systems, Dharma, Culture, Westernization, Legal Discourse.
Published In	Volume 8, Issue 1, January-February 2026
Published On	2026-01-29
DOI	https://doi.org/10.36948/ijfmr.2026.v08i01.67319
Short DOI	https://doi.org/hbmv62

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The Imprint of Colonialism: Western Influences on India's Criminal Justice Framework and the Decline of Indigenous Legal Customs

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