Impact of the New Criminal Laws (BNS, BNSS, BSA) on Everyday Policing in India

Introduction:  

The Indian Criminal Justice System has always been heavily influenced by colonial legislation. For more than 150 years, the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 formed the basic structure of criminal law and procedure in the country. Although these laws underwent amendments from time to time, their core philosophy continued to reflect colonial priorities, mainly maintaining state authority and strict public order rather than encouraging citizen-centric justice.

In recent years, the demand for a more modern, efficient, transparent, and technologically compatible system has become stronger. Crime patterns changed drastically due to rapid technological advancements, increasing internet penetration, globalisation of criminal networks, and new forms of digital offences. Traditional policing methods and procedural laws struggled to keep up with this pace of change.

Recognising this gap, the Parliament of India enacted three criminal laws in 2023-the Bharatiya Nyaya Sanhita (BNS), Bharatiya Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA)-replacing the IPC, CrPC, and Evidence Act, respectively, which all came into effect on July 1, 2024. While these laws aim to reform the justice system as a whole, their most immediate and practical implications are seen in everyday policing, because the police are the first responders, the primary investigators, and the main interface between the justice system and citizens. 

This article examines the impact of these new laws on day-to-day policing in India, focusing on how they change the functioning of police stations, investigation processes, documentation, technology usage, forensic practices, and the relationship between citizens and law enforcement. This article highlights practical challenges and suggests why successful implementation will require not just legislative reform but also systemic changes in infrastructure, training, and public awareness.

Why India Needed New Criminal Laws?

1. Outdated Colonial Framework

The older laws were created during British rule with the primary purpose of controlling and governing the Indian population. Many scholars have highlighted that they did not sufficiently reflect democratic values, individual rights, or considerations of contemporary society. For instance, definitions of certain offences were ambiguous, investigative procedures were outdated, and evidence rules were unsuitable for digital environments.

1. Transformation of Indian Society

With economic growth and technology, crimes today look very different from those of the 19th and early 20th centuries. Cybercrimes, online harassment, digital fraud, terrorism, cryptocurrency-related offences, financial scams, and even digitally planned organised crimes have become common. The old laws offered limited guidance to police officers handling such cases.

1. Need for Efficiency and Speed

Delays in the investigation and trial have long been criticised as a major weakness of India’s criminal justice system. Backlogs of cases, outdated procedures, and weak documentation slowed down the process. Victims often struggled for years to seek justice.

1. Emphasis on Technology

Most criminal investigations today involve at least some form of digital evidence-CCTV footage, mobile call records, emails, or online interactions. The Evidence Act and CrPC were not originally designed to handle electronic evidence in a smooth manner.

1. Strengthening Police Accountability

With the growing debate on police reforms, there has been an increasing demand for transparency in custodial procedures, arrests, remand and investigative actions. The new laws include provisions meant to increase accountability through digital and forensic mechanisms.

In this context, the new criminal laws aim to modernise both the substantive and procedural aspects of criminal justice and to make policing more structured and systematic.

Key Changes Introduced in the Bharatiya Nyaya Sanhita (BNS):

The BNS is the new substantive criminal law, replacing the IPC. Its provisions directly affect how police interpret and classify offences.

Introduction of New Offence Categories:

The BNS introduces clearer definitions and new offence categories that reflect modern crime patterns. Some important additions include:

• Terrorism
• Organised crime and organised criminal groups
• Mob lynching and group violence
• Acts affecting national security and sovereignty
• Petty offences which may be punished with community service

Police now have clearer statutory grounds to register FIRs under these categories.

Community Service for Minor Offences:

One of the most noticeable changes is the introduction of community service as a penalty. This affects policing by:

• Reducing unnecessary arrests
• Minimising police workload in petty matters
• Making punishment more constructive rather than punitive.

Stronger Focus on Crimes Against Women and Children:

The BNS provides:

• Stricter punishments for rape
• Clearer definitions of sexual assault
• Stronger provisions against stalking, voyeurism, and digital harassment. 

Police are expected to respond promptly, register FIRs without delay, and follow more victim-friendly procedures.

Revised Provisions for Public Order and Road Safety:

The BNS includes specific provisions for:

• Hit-and-run offences
• Property destruction during protests
• Assault on public servants
• Riots and unlawful assemblies.

This gives police clearer legal tools to maintain public order.

Reducing Ambiguities in Language:

Some vague colonial terminologies have been replaced with clearer and more contemporary language. This helps police avoid misinterpretation when framing charges.

Key Changes in Bharatiya Nagarik Suraksha Sanhita (BNSS):

The BNSS is the most transformative for day-to-day police functioning because it replaces the CrPC, which governs investigation, arrest, evidence collection, trial procedures, and police powers.

Mandatory Forensic Involvement:

For offences punishable with seven years or more, it is compulsory for the police to:

• Call forensic experts to visit the scene of the crime
• Record evidence through video
• Preserve scientific material properly.

This shifts the focus from oral evidence to scientific evidence, which is more reliable.

Electronic FIR (e-FIR):

The BNSS allows the registration of e-FIRs in certain cases, such as:

• Property offences
• Offences where the accused is unknown.

This changes the police station’s functioning by giving citizens a simpler complaint mechanism and reducing police workload.

Digital Summons, Warrants, and Case Records:

All key documents can now be:

• Issued electronically
• Signed digitally
• Stored digitally
• Served through electronic modes.

This reduces paperwork, increases transparency, and eliminates delays caused by physical service.

Time-Bound Investigation:

Strict timelines have been introduced for:

• Completing the investigation
• Filing charge sheets
• Recording statements
• Producing the accused before a magistrate.

Police officers will now be held accountable for delays.

Video Conferencing for Major Procedures:

BNSS allows or encourages video conferencing for:

• Interviews
• Remand hearings
• Witness statements
• Identification procedures.

This saves time, reduces logistical burden, and improves efficiency.

Arrest and Custodial Reforms:

The BNSS emphasises:

• Transparency in arrests
• Reasons for arrest to be recorded clearly
• Use of digital tools to track arrest and custody
• Timely medical examination of persons in custody.

These changes aim to reduce the misuse of arrest powers and ensure accountability.

Key Changes in the Bharatiya Sakshya Adhiniyam (BSA):

The BSA is a major update to the law of evidence.

Digital Evidence as Primary Evidence:

The BSA clearly recognises electronic and digital evidence as primary rather than secondary evidence. This includes:

• CCTV footage
• Mobile phone data
• Emails
• GPS and digital tracking information
• Social media records.

Chain of Custody Requirements:

Police must follow strict procedures for:

• Seizing devices
• Handling storage media
• Preserving metadata
• Documenting every stage of evidence handling.

Failure may lead to evidence being excluded in court.

Video Recording of Procedures:

Many processes-including searches, seizures, arrests, and witness statements-should ideally be recorded through video, ensuring reliability.

Statements and Testimonies:

Witness statements and confessions can now be recorded electronically, which reduces the possibility of coercion or fabrication.

Impact on Everyday Policing:

Increased Dependence on Technology:

One of the biggest changes is that police must now routinely use technology for:

• Registering FIRs
• Serving summons
• Recording evidence
• Conducting video-based procedures
• Managing case files
• Strong forensic data.

Police stations now require basic infrastructure like computers, internet connectivity, scanners, cameras, and secure digital storage.

Higher Investigation Standards:

Because forensic involvement is mandatory for serious offences, police must:

• Preserve crime scenes carefully
• Coordinate with forensic teams 
• Document procedures accurately
• Maintain scientific standards.

This is a major shift from earlier reliance on witness statements and confessions.

Reduction in Procedural Arbitrary Practices:

Digital documentation creates an electronic trail, making it harder to:

• Manipulate case files
• Lose documents
• Delay investigation
• Fabricate evidence.

This increases accountability internally.

More Citizen-Friendly Police Interaction:

The introduction of e-FIR, electronic summons, and video conferencing transforms how police interact with citizens. 

People will:

• Spend less time in police stations
• Have easier access to filing complaints
• Receive documented communication
• Faceless procedural harassment.

Short-Term Increase in Workload:

Although the laws aim to simplify policing in the long run, the short-term effect is an increased workload due to:

• Need for training
• Adjusting to new systems
• Lack of forensic availability
• Extra documentation.

Stronger Role in Victim Protection:

Police now have greater responsibility towards:

• Victims of sexual offences
• Victims of mob violence 
• Minors
• Individuals from vulnerable groups.

Provisions that emphasise safety, awareness of rights, and clear communication encourage more sensitive policing.

Impact on Rural Policing:

While the reforms are ambitious, the ground reality is different in rural areas where:

• Internet access may be poor
• Digital literacy varies
• Forensic units are absent
• Police stations lack modern equipment.

This causes gaps in uniform implementation.

Major Challenges in Implementing the New Laws:

Forensic Infrastructure Limitations:

Mandatory forensic involvement is the most progressive reform, but also the most challenging. India currently has:

• Limited forensics labs
• Insufficient experts
• Delays in forensic reporting
• Poor availability of crime scene units.

Without improving infrastructure, police will struggle to comply.

Need for Massive Training:

Implementation requires millions of police personnel to be trained in:

• Digital evidence handling
• New procedures
• Updated arrest and remand rules
• Crime scene management
• Electronic documentation

Regular workshops and updated manuals are essential.

Technology and Connectivity Issues:

Smaller police stations may lack:

• Computers
• Software for documentation
• Secure storage systems
• Reliable internet.

This challenges the digital vision of BNSS and BSA.

Public Awareness Gap:

If citizens do not know about:

• e-FIR
• Digital complaint mechanisms
• Rights under the BNSS
• Procedures for receiving electronic notices.

Then the reforms will not be as effective.

Risk of Initial Confusion:

The transition from old to new laws can lead to:

• Uncertainty about procedures
• Back-and-forth clarifications
• Fear of errors
• Hesitation in making decisions.

This is natural during any large-scale legal transition.

Resistance to Change:

Some police officers may be resistant because:

• Traditional methods seem easier
• New procedures require more documentation 
• Digital tools expose them to accountability.

Over time, however, institutional culture is expected to adapt.

Way Forward:

To truly achieve the goals of the new criminal laws, India must focus on:

Strengthening Forensic Capacity:

• More labs
• Faster reporting timelines
• More mobile forensic units
• Training forensic specialists.

Improving Police Infrastructure:

• Stable internet in rural areas
• Computers in every station
• Access to digital storage systems
• Modern encryption technologies.

Continuous Training Programs:

Police academies must provide:

• Refresher courses
• Digital evidence training
• Workshops with forensic experts.

Public Awareness Campaigns:

To ensure citizens benefit from reforms.

Monitoring Implementation:

Senior officers and the judiciary must track compliance with:

• Timelines
• Digital processes
• Forensic involvement.

This will help identify where reforms work and where more support is needed.

Conclusion:

The new criminal laws-BNS, BNSS, and BSA-represent one of the most significant legal reforms undertaken in independent India. They attempt to shift the justice system from a slow, paper-based, and colonial-era framework to a modern, scientific, transparent, and technology-driven model.

For the police, who operate at the very forefront of the criminal justice system, these reforms fundamentally change how they:

• Register complaints
• Investigate offences
• Use forensic science
• Interact with citizens
• Document evidence
• Coordinate with the judiciary.

While these changes promise a more professional, efficient, and citizen-friendly policing system, the real challenge lies in practical implementation. Adequate training, infrastructure, digital literacy, and public awareness are essential to ensure that these laws achieve their intended purpose. 

If implemented effectively, the new criminal laws have the potential to increase public trust in policing, enhance conviction rates, reduce delays, and align India’s criminal justice system with global standards.

In conclusion, the enactment of new criminal laws in India heralds a period of significant change for everyday policing. While the intent is to modernise and improve the criminal justice system, the transition will not be without its challenges. Police forces across the country will need to adapt to new procedures, embrace technological advancements, and redefine their interactions with the public. The success of these laws hinges on comprehensive training programs, robust infrastructure upgrades, and a steadfast commitment to transparency and accountability. Furthermore, continuous monitoring and evaluation will be crucial to identify and address any unintended consequences or areas needing improvement. Ultimately, the impact of these new laws will be judged not only by their ability to reduce crime and improve conviction rates but also by their contribution to fostering a more just, equitable, and trustworthy society. The path ahead requires a collaborative effort from law enforcement, the judiciary, and the public to ensure that these reforms truly serve the best interests of the nation.