India has embarked on a transformative journey to modernize its criminal justice system. Effective July 1, 2024, three foundational colonial-era laws, the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872, was replaced by three newly enacted legislations: the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Sakshya Adhiniyam (BSA), 2023. This overhaul aims to align India’s legal framework with contemporary societal realities, technological advancements, and a victim-centric approach to justice.
Bharatiya Nyaya Sanhita (BNS), 2023: Redefining Criminal Offenses
The Bharatiya Nyaya Sanhita (BNS), 2023 serves as India’s new penal code, replacing the IPC. It reduced the number of sections from 511 to 358. Out of these, 175 sections have been modified, 8 new sections introduced, and 22 have been repealed. One of the most significant reforms is the adoption of gender-neutral language, replacing terms like “minor girl” with “child” and using inclusive words such as “whoever” throughout the code.The BNS also introduces new offenses such as organized crime and terrorism. While these were previously addressed by laws like the Unlawful Activities (Prevention) Act (UAPA), the BNS supplements these by defining terrorism explicitly under Section 113, with punishments ranging from five years to life imprisonment or even the death penalty depending on severity. Importantly, mob lynching is now explicitly criminalized under Section 103(2), carrying punishments up to life imprisonment or death in severe cases. Additionally, the offense of snatching has been specifically defined to address a gap in the previous framework.Victim-centric reforms are also embedded in the BNS. For example, in gang rape cases, the victim’s age threshold is uniformly set at below 18 years, ensuring stricter penalties and removing earlier inconsistencies. Furthermore, cases involving imprisonment for seven years or more cannot be withdrawn by the government without the victim’s consent, strengthening victims’ rights.
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Streamlining Criminal Procedures
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the CrPC and focuses on modernizing criminal procedures to improve efficiency and accountability. One key reform is the introduction of e-FIRs, which allow victims to file complaints online for certain cognizable offenses where the accused is known. The concept of Zero FIR, which allows any police station to register a complaint regardless of jurisdiction, has now been legally codified, ensuring timely police action.The BNSS mandates the use of technology to increase transparency. For instance, videography during search and seizure operations is now compulsory, minimizing potential misuse of power. Additionally, video conferencing is authorized for recording statements and presenting evidence, reducing delays and logistical burdens.To improve police accountability, the BNSS stipulates disciplinary action against officers who fail to register FIRs without valid reasons. It also sets strict timelines for the criminal process: charge sheets must be filed within 60 to 90 days(extendable in complex cases), and trials should ideally conclude within two years.
Bharatiya Sakshya Adhiniyam (BSA), 2023: Modernizing Evidence Laws
The Bharatiya Sakshya Adhiniyam (BSA), 2023 modernizes the Indian Evidence Act to reflect the digital age. The BSA broadens the definition of “documents” to include electronic records such as emails, server logs, text messages, and other forms of digital communication. This expansion recognizes the importance of electronic evidence in contemporary legal proceedings.A critical feature of the BSA is the emphasis on maintaining a strict chain of custody for digital and forensic evidence, ensuring its integrity from collection to presentation in court. This measure aims to prevent tampering and safeguard the credibility of evidence.In sexual offense cases, the BSA mandates that victims’ statements be recorded preferably via video to ensure accuracy and minimize trauma. The law also reaffirms the principle of “innocent until proven guilty,” guaranteeing a fair trial framework for the accused.
Implications for Citizens
For citizens, these reforms are designed to make the criminal justice system more accessible, efficient, transparent, and victim-friendly. The introduction of e-FIRs and Zero FIRs makes it easier to report crimes, while mandatory use of technology streamlines investigations and court processes. Stronger police accountability mechanisms aim to build public trust in law enforcement.However, the success of these reforms largely depends on their effective implementation. Police officers, judicial staff, and other stakeholders will require extensive training to adapt to the new laws. Furthermore, widespread public awareness campaigns will be essential to empower citizens to understand and exercise their rights under this reformed legal framework.
Conclusion
In conclusion, India’s transition from colonial-era criminal laws to the BNS, BNSS, and BSA marks a pivotal step toward a justice system that better reflects modern societal values, technology, and the needs of its citizens. While these reforms offer significant promise, the true impact will depend on consistent application, infrastructural support, and ongoing evaluation to ensure the objectives of justice,
