Authored By: NIKITA DEWANGAN
Seth Ratanchand Surana Law College Durg, C.G.
ABSTRACT:
The history of India is indistinguishable from how the police and courts treated crimes for over 100 years. The old law was repealed on 1st July 2024 and replaced by the BNSS (Bharatiya Nagarik Suraksha Sanhita).[1] The overarching intent of this court change is to move away from archaic British-era laws and build a faster, more contemporary and citizen-friendly judicial system. According to the BNSS, the three boldest reform measures are: Technology Use Now, Through Electronic Communication you can accomplish almost everything digitally[2] as now we have technology support. That encompasses registering an FIR online, delivering court summons via phone or email, and witnesses can also narrate their statements over video calls.[3] Faster Results: The new law will impose severe penalties in an effort to forestall years of delays in cases. Moreover, the judges have to deliver their final verdict within 30 to 45 days[4] of the conclusion of the trial. Scientific Evidence The new law relies on more scientific methods than just eyewitness testimony. In grave offenses, the crime scene must be visited and inspected by experts of the Forensic department[5] and the police must record their searches on video so as to assure that everything is done fairly and honestly. In a nutshell, the BNSS seeks to transform Indian judicial system that is suitable for the 21st century.
This legal Article deals with the analysis of “Decolonization” of Indian Criminal Law. It seeks to explain how the system is moving away from an old British era “procedure” (majorly focused on state control) towards a modern “Sanhita” (mostly Focused on the protection of citizens). Whether police stations and courts get the advanced equipment and training to enforce these new rules? Further it will deal with changes made in this act, this paper suggests the major amendment and merits regarding the BNSS.
keywords: BNSS 2023, Sanhita, CrPC v/s BNSS, Digital trial India, Zero F.I.R., Indian Criminal Law Reform, Trial in Absentia, Community Service, Framing of Charges.
INTRODUCTION:
India comes under a developing country which go through several changes with respect to the citizens and its needs, citizens always demand for progress, changes and evolution. Here, the Modern law is a two-way street. In one direction, with new amendments it generates more efficient future with forensic science and video trials. In the other direction, cybercrime moves (The Bharatiya Nagarik Suraksha Sanhita, 2023) towards digital exploitation. To keep the balance, the law must follow the maxim, “Salus Populi Est Suprema Lex”, it ensures that the safety of the people remains the most important rule”. Similarly, BNSS faces a Digital Paradox: It uses same technology to catch criminals that criminals use to exploit citizens.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) serves as the procedural code for criminal law, outlining the steps for initiating a criminal case, defining types of cases, designating the presiding officers, and detailing their appointment processes. It specifies the representation for cases and describes the progression of a criminal case-from the commission of an offence to arrest, investigation, inquiry, trial, and final judgment, which may conclude with case dismissal or execution of the sentence. Additionally, the BNSS includes provisions on maintenance for wives, children, and parents, preventive police actions, and measures to maintain public peace and security.
How it impacts the people?
The transition from CrPC to BNSS has profound implications for ordinary people in that it transforms the experience of law from “wait and watch” to “participate digitally in real time”. This eliminates the obstacle of having to run from one station to another in an emergency[6], Police must keep victims updated at 90 days.[7] As Justice starts the moment you report it, regardless of the map. Earlier, It was there for small offenses (such as small-scale theft or minor public disturbances), everyone was previously treated like a “criminal” and sent to jail. But now The BNSS brings in Community Service.[8] For a minuscule error (such as a minor jail sentence) rather than going to jail, an offender might go work in a hospital or clean up a city park. It allows to reform people without destroying their lives through a “prison record.”
Although most impacts are positive, but too there are worries that people’s freedom could be impaired as Prolonged Detention: The police can now request detention in small portions over an extended period (up to 60 or 90 days), which would allow an accused to be subjected to police interrogation for longer time. Proceeding Without You: If someone flees, the trial can go on and they can be convicted in their absence. This also affects the right to defend yourself in person.
The Digital Architecture of BNSS:
Here is the transitioning to Paperless Justice. This section moves deeper into the core of, How BNSS helps the Indian criminal court to move from physical document management in the form of case files to managing case files on digital clouds? This part looks at the delivery of the Indian courtroom from physical files to a digitally-first space. The BNSS is also a tool of technology push, effectively legitimizing electronic communication for filing FIRs, sending court summons by email or phone and allowing witnesses to narrate statements on video calls. While this “software update” provides an antidote to years of logistical slowdowns, it is still a double-edged sword. As the maxim “ubi jus ibi remedium” would have it, there should be a remedy for every right violation in the law; however, in the “digital shadow” of this migration, cybercriminals often prey on users without revealing their identities. This section contends that for the BNSS to actually deliver on its promise, the digital divide between urban and rural courts will need to be narrowed so that technology serves justice and not provide new schisms.
From Testimony to Technology: Mandatory Forensics
Recently In India BNSS plays a role as central pillar although it shift toward scientific rigor. Moving away from the colonial mindset where the old law focused on state control through human testimony, the new law relies on more scientific methods. There are concerns that mandatory forensics for all crimes carrying a minimum punishment of seven years will strain India’s forensic labs, which are currently struggling. The BNSS is based on the principle ”Cessante Ratione Legis Cessat Ipsa Lex.” The “rationale” for relying exclusively on oral evidence (which is frequently extracted under duress or is forgotten) is now extinct in the era of DNA and digital footprints. The law requires forensic visits and video-recorded searches not to be a burden upon the State but to ensure that the “truth” is grounded in scientific fact, thereby diverting the “conviction gap” and enhancing public confidence.
The Efficiency: Statutory Timelines v/s Judicial Reality
We observed that The BNSS changes the address the “culture of adjournments” by hitting delays with harsh financial penalties and by instituting rigid statutory clocks. Under the new dispensation, judges are required to pronounce their final judgment within 30 to 45 days after the end of trial. This part takes a hard look at whether these time limits serve as a protective shield for the citizen’s right to a speedy trial or a spear that is likely to impale judicial reasoning. The BNSS, by focusing on efficiency, aims to reshape the Indian judicial system to be more in line with 21st century needs rather than the “dated British-era draconian laws” that let cases sit for decades.
The BNSS is putting Salus Populi Est Suprema Lex (the welfare of the people is the highest law) first. With more than five crore cases pending, the “harm” from delay is greater than the risk from speed. The law deals with this by instituting a timetable — for example, bringing charges within 60 days — that compels the system to remain disciplined and prevents the “culture of adjournments” from robbing citizens of their rights.
The Debate in Custody and Absentia
BNSS considers the more controversial ”side of the coin” in the new Sanhita. While the law is supposed to provide “Suraksha” (security), it also brings in provisions like Trial in Absentia, under which proceedings may continue even if the accused is not there.[9] Meanwhile, amendments to police custody tranches and a broader use of handcuffs are substantially shifting power. This article examines these recent amendments, but also in light of the importance of the very principle of Salus Populi Est Suprema Lex (that is, the welfare of the people). It posits that although these instruments might assist in apprehending criminals of the digital era, they have to be cautiously balanced with rigorous judicial review so as not to become tools that exploit citizens in the name of procedural reforms.
Merits of the BNSS:
Statutory Efficiency (Speed of Justice) – The biggest advantage of BNSS is the introduction of “Judicial Timelines.” For the first time, there is a ticking clock on the court: Time-bound judgments Judges are now obliged to pronounce the judgment within 30 days from the conclusion of the trial (45 day’s time allowed in special circumstances). Prompt Framing of Charges: The courts have also to frame charges within 60 days of the first hearing, in a way ensuring that cases do not remain “in limbo,” in the pre-trial phase for years.
Electronic Summons : Legal notices can be now served through WhatsApp or Email, crippling the well-known “evading service” mantra that the others use as means to delayers of trials. Transparency and accountability boosted: To prevent the police from using excessive force and to play it straight, the BNSS requires that technology be employed in investigations.
Audio-Video Recording: The police are now required to record on video the entire search and seizure operation.[10] It serves as a “digital witness,” protecting against evidence being planted. Victim Updates: The bill establishes a mandatory “Information Scheme” under which police must keep victims updated about the status of their investigation at 90 days.
Decolonising the language of the law- The BNSS 2023 was written in a plain and modern language that did not include any archaic, colonial terminology that was oftentimes offensive and outdated. Words such as “lunatic” and “idiot” are now replaced with more humanized and contemporary legal terms as the change in mentality from “ruling” a colony to “serving” a democracy is being reflected.
Measures Taken By Government of India:
It is well established fact that the government has integrated the new laws with existing digital systems to make the flow of justice “paperless”: CCTNS (Crime and Criminal Tracking Network & Systems): The platform has been upgraded to enable filing of e-FIRs/digital recording of evidence at 17,000+ police stations. ICJS (Inter-operable Criminal Justice System): it interlinks the police, courts, jails and forensic labs. A judge can look at digital evidence or a forensic report as soon as it is sent to her on her computer without ever handling a paper copy.
Strengthening Forensic Capabilities For the reason that BNSS has made forensic examination a must in case of grave crimes (7+ years of punishment), the government has launched NFSU (National Forensic Sciences University) project: Forensic Vans: Forensic experts are being dispatched in the form of mobile forensic units to districts to ensure they can reach crime scenes at the earliest. Recruitment – Thousands of new forensic experts are being trained and recruited in accordance with the stipulations of Section 176 of the BNSS.
Capacity Building and Training – A law is only as good as the people who use it. The government has conducted extensive training programs: Training for Police: State police academies have revised their curricula. Millions of officers have completed “bridge courses” so that they will know the new section numbers and be familiar with the digital processes. Judicial Academies: Judges and public prosecutors receive training on conduct of Trials In Absentia and on enforcement of the new appellate timelines of 30-45 days for judgments.
Improving Prisons and Courts (VC Infrastructure): The government has sponsored the installation of VC (Video Conferencing) facilities in virtually all district court and jail sites. This enables the “virtual production” of defendants, minimizing the expenses and hazards associated with moving inmates. Handheld Devices: In a large number of states, police officers have begun to receive tablet or e-beaters that will permit them to record Search and Seizure videos right from the scene as mandated by the new law.
Awareness Campaigns- To inform citizens of their new rights, the Ministry of Home Affairs (MHA) has: Published the new laws in different regional languages and also launched digital portals and apps to listen to the old sections of CrPC with the new BNSS sections. Popularised the “Zero FIR” by tweeting out links to victims to register crimes anywhere. Legal Aid and Community Service – The government is working with NALSA (National Legal Services Authority) for the introduction of Community Service in the interest of ensuring it is done justice. They are also scouting for public institutions (hospitals, shelters) where they can house minor offenders without incarcerating them.
Conclusion:
The shift from the Code of Criminal Procedure (CrPC),1973 to the Bharatiya Nagarik Suraksha Sanhita (BNSS),2023, is not just a revision of the law; it is a complete overhaul of the system of justice delivery in India. In replacing the outdated, colonial-era model that privileged state control, the BNSS moves toward a modern arrangement that is citizen-focused, technology-embedded and time-bound.
Finally, the BNSS is not a destination but a beginning. It is a call to construct a justice system that is as strong as it is swift. With India ushering in this new age of law, the success of the Sanhita will not be counted in the number of sections amended, but in law’s ability to meet the timeless promise of every wrong of the digital era has a robust, just and timely legal remedy.
REFERENCE(S):
- Ministry of Home Affairs (MHA): New Criminal Laws Overview. https://www.mha.gov.in/en/commoncontent/new-criminal-laws
- BPR&D (Bureau of Police Research and Development): Handbook on the Bharatiya Nagarik Suraksha Sanhita, 2023 https://bprd.nic.in/uploads/pdf/Final_BNSS.pdf
- BPR&D Comparison Table: Correspondence Table and Comparison Summary of BNSS and CrPC. https://bprd.nic.in/uploads/pdf/Comparison%20summary%20BNSS%20to%20CrPC.pdf
[1] The Bharatiya Nagarik Suraksha Sanhita, 2023, No. 46, Acts of Parliament, 2023 (India), § 1.
[2] The Bharatiya Nagarik Suraksha Sanhita, 2023, § 530.
[3] The Bharatiya Nagarik Suraksha Sanhita, 2023, No. 46, Bare Act, § 173.
[4] The Bharatiya Nagarik Suraksha Sanhita, 2023, § 258.
[5] The Bharatiya Nagarik Suraksha Sanhita, 2023, § 176
(Mandating forensic investigation for offences punishable by seven years or more.)
[6] The Bharatiya Nagarik Suraksha Sanhita, 2023, No. 46, Bare Act, § 173.
[7] The Bharatiya Nagarik Suraksha Sanhita, 2023, § 173.
[8] The Bharatiya Nagarik Suraksha Sanhita, 2023, § 23
(introducing community service as a reformative punishment for petty offences).
[9] The Bharatiya Nagarik Suraksha Sanhita, 2023, § 356.
(Establishing the procedure for “Trial in Absentia” for proclaimed offenders).
[10] The Bharatiya Nagarik Suraksha Sanhita, 2023, § 105.
(Requiring audio- video recording of search and seizure operations).
