CRIMINAL LAW REFORMS IN INDIA : AT BHARATIYA NAGARIK SURAK SHASANHITA 2023

ABSTRACT 

Criminal law is basically a fundamental part of the judiciary system which protects society  and upholds justice The main purpose of this law is to maintain social order and rehabilitate offender and  rights of individuals and maintains rules regarding illegal and legal behaviour The Bharatiya Nagarik Suraksha  Sanhita, 2023 (BNSS) has superseded the colonial Code of Criminal Procedure, 1973 (CrPC) . That marks a  watershed moment in india legal history . This law intended to replace the CrPC respectively signalling an  effort to decolonise the justice system and align it with contemporary democratic values constitutional  principals and citizen rights . The evolution of criminal law in india has never been static rather it has been a  continuing a dynamic process shaped by changing social, political realities, constitutional developments and  the demands of justice in a modern system democracy like a means investigation are finished within  timelines and trials proceed swiftly though e-justice system like video conferencing , e-summons and e-FIR  there are a crucial part of BNSS 

The articles analyse the development and present condition of criminal law reforms in India, concentrating  on legislative and judicial initiatives designed to improve efficiency while maintaining fundamental justice  values. This article analyses the development and present condition of criminal law reforms in India  concentrating on legislative and judicial initiatives designed to improve efficiency while maintaining  fundamental justice values.  

INTRODUCTION : 

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is a new Indian law that replaces the Code of Criminal  Procedure, 1973, with the goal of making the criminal justice system more efficient citizen-centric and  technologically advanced. It went into effect on July 1, 20241, after being approved by Parliament on  December 20 and 21, 2023 and receiving presidential assent on December 25.

The BNSS takes the place of the colonial era 1973 code of criminal procedure CrPC it aims to make to modernize  indias criminal justice system it make a more technology drive , victim centric, and efficient and changes to  police powers bail conditions , and timelines for legal proceedings another benefit it is a clear deadline for  the investigation and trial, and mandatory e FIR, e summons, digital evidence recording, and virtual hearings.  

BNSS imposes time bound regulation it take a specific time line various stages such as a 90 day period to  inform victims of investigation progress and a 30 day limit for delivering judgments after arguments are  competed . The BNSS grants police new powers such as compelling an accused to provide access to digital  devices for investigation it also provides statutory power for the use of handcuffs in specific cases . BNSS  changes bail and custody modification and bnss use of technological in criminal proceedings , allowing for  the use of electronic communication for summons, recording statements, and serving documents . These  actions will ultimately determine if BNSS provides a really safe, equitable, and timely legal system  for all Indians. 

MAJOR REFORM AND CHANGES IN THE BNSS: 

USE OF TECHNOLOGY AND MODERNIZATION:  

The Bharatiya Nagarik Suraksha Sanhita (BNSS), the use of technology and modernization is a core principle  aimed at creating a transparent efficient and victim-centric criminal justice system that aligns with  contemporary digital realities. 

Digital e-FIR and e-summons: 

An e-FIR, or Electronic First Information Report, is a digital version of a traditional First Information Report  that allows citizens to file complaints 2for cognizable offenses online or via a mobile app. It streamlines the  process of reporting crimes and is governed by the same legal provisions as a traditional FIR, initiating a  criminal investigation. While the initial complaint is submitted electronically, it generally requires a physical  signature from the complainant within three days to be legally binding. 

An e-summon is a digitally issued and transmitted legal summons from a court or an authorized authority that legally notifies a person to appear in court or produce documents3. It serves the same legal  purpose as a traditional paper summons but is delivered electronically via email, SMS, or official government  portals, aiming to make the legal process faster, more reliable, and efficient. These electronic notices are  legally valid and can include digital signatures and court seals for authentication. 

Digital Evidence: 

Digital evidence is any information stored or transmitted in digital form that can be used in a legal  investigation or court case. It includes data from computers, mobile phones, cloud storage, and other  electronic devices, such as emails, text messages, photos, videos, and internet browsing history. Proper  collection and preservation are critical because digital evidence can be easily altered, deleted, or corrupted.  

Virtual Trials and proceedings: 

Covid 19 lockdown was a very tough time for the whole world. All sectors and all classes were greatly  affected and so was the judiciary. The judiciary is one of the pillars of government and the working of courts  are very essential for the proper functioning of government the honrable supreme court exercised its  plenary jurisdiction under article 142 of the Indian constitution and directed courts opt for e-courts and  virtual courts for the delivery of justice to all4. 

Virtual trials and proceeding in a legal terms that means refers to judicial processes conducted remotely  though digital technology, such as video conferencing , online platforms, and electronic filling systems,  without requiring the physical presence of participations in a traditional courtroom. While virtual trials and  proceedings offer many benefits, they also present challenges regarding technological infrastructure , date  security and the ability to assess witness credibility and nonverbal case remotely. Virtual trials and  proceeding mean goals is to facilitate efficient, timely and cost effective justice delivery . 

CHANGES TIMELINES FOR PROCEDURES: 

Medical reports:  

One such piece of evidence is the medical examination and the Medico Legal case Report (MLC) generated  after such medical examination. This is a cohesive and coherent piece of evidence for all parties to help them  prove or disprove an offence. Evidentiary value of the MLC is very high and we often see the courts basing  their judgements on the findings of such medical examinations. 

since it such an important procedure, the whole process as to performing a medical examination on an  Accused or a victim is provided inside the Bhartiya Nagarik Suraksha Sanhita (BNSS) itself. Section 51, 52, 53  and 184 of BNSS which would explain the procedure of conducting a medical examination of an accused or a  victim of a crime. 

Framing of charges: 

Forming of charges is the formal process in a criminal trial where the court officially informs the accused of  the specific allegations against them, giving them a clear and unambiguous notice of the nature of the  accusation. This step is crucial for a fair trial, as it allows the accused to understand the charges and prepare  an adequate defense before the trial proceeds. 

After the police have completed their investigation, the court examines the evidence and, if there are  grounds to believe the accused has committed an offense, the court frames the charges. It is a fundamental  requirement for a fair trial as it sets a clear legal basis for the trial and protects the rights of the accused. 

Judgement: 

A judgment is the formal expression of the judge’s or magistrate’s opinion, reached after due consideration  of all evidence and arguments presented during the trial. It represents the conclusion of the trial, resulting in  either the conviction (if found guilty) or acquittal of the accused. The judgment must be pronounced in open  court, either immediately after the trial’s termination or within a maximum of forty-five days, to formally  intimate the decision to the parties involved and the public judicial determination that upholds the principles  of fairness and justice, balancing the rights of both victims and the accused within a modern  legal framework.  

CHANGES RIGHTS OF ACCUSED AND VICTIMS: 

Mandatory Audio-video recording:

From the BNSS perspective mandatory audio-video recording is a process for documenting criminal  proceedings such as Section 105 all aspects of the search of a place including the taking of possession of any  property and the preparation and signing of the seizure list by witnesses must be recorded through audio video electronic means. Section 176 in cases of rape the victim’s statement must be recorded through audio video means5. It should be conducted at a location of the victim’s choice preferably by a woman police  officer and with a parent or guardian present. The BNSS emphasizes taking steps to prevent the alteration,  modification, or corruption of the digital record, and guidelines will be formulated to maintain the  authenticity of this electronic evidence. To the Police officers must forward the audio-video recording to the  relevant magistrate without delay. That any communication device used for video conferencing, recording,  or electronic transmission, as further specified by rules provided by the State Government. 

Inform Arrest Details: 

Under the Bharatiya Nagarik Suraksha Sanhita section 48 defines the obligation of the person making an  arrest to inform specific individuals about the arrest and location where the arrested person is being held 6.  The arresting officer must immediately provide the arrested person with full details of the offense or  grounds for arrest. If the offense is bailable the arrested person must also be informed of their right to bail  and to arrange the police officer. The BNSS requires the arresting officer to immediately inform a relative,  friend, or other person. The fact that someone has been informed of an arrest must be documented in a  police station diary. Additionally a police officer in each district and station must maintain and display  records of arrested individuals and arrestmemo, attested by a witness and countersigned by the arrested  person. Then next day police officer present the arrest person to the Magistrate receiving the arrested  person must confirm that these requirements have been must be legally applicable.  

Victims rights: 

The victim is a natural person who has suffered harm, including physical, mental or emotional harm or  economic loss which was directly caused by a criminal offence . That BNSS giving so many rights to the victim  person Victims are entitled to a free copy of the First Information Report (FIR) as soon as it is recorded. Victims have the right to access case documents for meaningful participation. Victims can give information  via electronic communication 7which must be taken on record. For offenses against women a statement  must be recorded via audio-video means. For certain offenses the statement is recorded by a woman police  officer. For offenses against women and children, a statement is to be recorded by a woman Magistrate as  far as practicable. For victims who are mentally or physically disabled their statement can be recorded at a  place of their choice . these are the rights of victims.  

CHANGES POLICE POWERS AND INVESTIGATIONS: 

Handcuffing : 

The police officer may keeping in view the nature and gravity of the offense use handcuff 8while making the  arrest of a person or while producing such person before the court who is a habitual or repeat offender or  who escaped from custody or who has committed offence of organised crime terrorist act drug related crime  or illegal possession of arms and ammunition, murder , rape, acid attack , counterfeiting of coins and  currency notes, human trafficking, sexual offence against children or offense against the state . 

Zero FIR: 

A Bharatiya Nagarik Suraksha Sanhita “Zero FIR” is a first information report that can be filed at any police  station, regardless of where the crime occurred or the police station’s jurisdiction. This provision under  Section 173 of the BNSS allows victims to file a complaint immediately preventing delays and the loss of  evidence. The receiving police station records the FIR with the number “0” and then transfers it to the  correct jurisdictional police station for a proper investigation and the assignment of a regular FIR number. 

A Zero FIR can be filed at any police station which is particularly helpful for victims of serious crimes 9who  are not near the police station that has jurisdiction over the crime scene. It allows for the immediate  recording of a complaint and the initiation of the criminal justice process without the victim having to travel  to the specific police station where the crime was committed. After registration, the receiving police station  transfers the Zero FIR to the police station with the proper jurisdiction for investigation. The jurisdictional  police station will then register a new regular FIR and proceed with the investigation. 

Police custody: 

There are two types of custody Police Custody When the police officer brings the accused to the police  station it is called police custody. In case of police custody the police have the physical custody of the  accused. Here the accused is lodged in the police station lock up. The purpose of police custody is to give the  police means to gather evidence through custodial interrogation. Another custody is a Judicial Custody It  means the accused is in the custody of the concerned Magistrate here the accused is lodged in jail. 

The purpose of permitting judicial custody is to ensure that the accused does not tamper with the Evidence  threaten the witnesses or flee under BNSS police custody is the period an accused is held by the police under  the Bharatiya Nagarik Suraksha Sanhita 2023 which replaces the old CrPC. Unlike the old law the BNSS  allows the total 15 days of police custody to be spread out over the initial 40 or 60 days of the investigation  period rather than requiring it to be continuous in the first 15 days. This provision allows magistrates to  authorize police custody in parts, which can be requested by the police at different intervals during the  first 40 or 60 days. 

CRITICAL ANALYSIS AND CRITISIMS: 

1. Repackaging not Reforming: 

A major criticism is that BNSS is largely a cut-copy-paste of the CrPC with new nomenclature like bailable and  non bailable become punishable with less then 3 years and punishable with 3 years more , many core  procedural structures remain unchanged . 

2. Increased police powers: 

The BNSS allows magistrates to authorize police custody beyond the previous 15-day limitpotentially  extending it within a 60 or 90-day total detention period10. Critics argue this increases the risk of custodial  violence and erodes protections for the accused by extending direct police control while police argue it  provides more time for thorough investigations. New provisions criminalize “false and misleading  information” that jeopardizes national sovereignty, unity, and integrity. Critics point out the lack of clear  definitions for terms like “false and misleading” which could lead to arbitrary enforcement and abuse of  power by the police. The new law increases police and magistrate authority without sufficient checks and  balances. For instance the law provides for limited oversight on decisions to attach property raising the  possibility of systemic abuse. 

3. Pragmatism of Timelines: 

Potential for Dilution of Fundamental Rights Critics argue that certain timelines particularly those related to  police custody may dilute the fundamental rights of the accused. Section 187 of the BNSS allows the 15-day  police custody period to be utilized in a staggered manner within the initial 40 or 60 days of detention rather than strictly within the first 15 days as under the previous law (CrPC). This expanded window for  police custody raises concerns about potential misuse, increased risk of custodial torture, and a chilling  effect on the accused’s right to bail as magistrates might be hesitant to grant bail until the police have  exhausted their full custody allowance. The absence of clear procedural guidelines for handling situations  where timelines are not met creates practical problems. For instance there are no instructions on what to do  if an informant fails to sign an electronic FIR within the stipulated three days or how to manage the  practicalities of obtaining witnesses for mandatory video recordings of searches and seizures. 

4. Digital Divide: 

Infrastructure deficiencies that is a significant number of police stations in India especially in rural and tribal  regions lack reliable internet access and basic technological infrastructure. This makes the mandated digital  processes such as e-FIRs, electronic summons, and online victim updates, difficult or impossible to  implement equitably11. And unequal access to justice in the BNSS risk excluding populations without access  to digital tools thus potentially making access to justice even harder for vulnerable and  marginalized communities. There are concerns about the lack of formal training in digital tools for both  police officers and judicial officers. Without adequate training and capacity building, the effective  implementation of digital procedures and the protection of rights within a digital framework  are questionable. 

5. Lack of public consultation: 

There are so many lack of public consultation face to the BNSS that is a Critics point out that the bills were  passed without extensive pre-legislative consultation 12which the government’s own 2014 Pre-Legislative  Consultation Policy recommends for draft laws. The expert committee the laws were passed in Parliament  during a period when a large number of opposition MPs were suspended leading to minimal debate and the  absence of a proper deliberative process. responsible for drafting the initial reforms faced criticism for its  opaque methodology and non-transparent operations, including a lack of representation for women  marginalized communities and an absence of consultation with legal experts. 

IMPLEMENTATION OF BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS): 

The implementation of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 began on July 1, 2024 replacing  the Criminal Procedure Code (CrPC), 1973. The BNSS replaces the CrPC and introduces significant changes  including timelines for certain investigations provisions for victims and stricter rules for bail. The new law  mandates the use of audio-video technology for recording searches, seizures, confessions, and statements to  increase transparency and accountability13. Forensic experts are now required to collect evidence at crime  scenes for offenses punishable by seven years or more a crucial step in strengthening the evidence-based  approach to criminal investigation. 

Then the successful implementation of BNSS depends on training police and judicial officers on the new  provisions. Training programs cover the humane treatment of detainees fair trial principles and the  application of new procedures like the mandatory preliminary inquiry for certain offenses. The government  has launched various initiatives to demonstrate the practical application of the new laws and ensure that all  stakeholders are familiar with the changes. 

An example of the Bharatiya Nagarik Suraksha Sanhita (BNSS) implementation in a state like West Bengal  could a rape case where the victim’s statement is recorded electronically at her residence by a female police  officer and a forensic expert is required to visit the crime scene to collect evidence with all findings being  audio-video recorded14. The police must submit the medical report within seven days and the case must be  fast-tracked to ensure the trial concludes with the final judgment delivered within 30 days of  arguments ending. 

CONCLUSION: 

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a revolutionary change in India’s criminal justice  system, substituting a technology-driven, citizen-focused framework for the colonial-era CrPC. With over  91% of e-summons issued, completely recorded searches and seizures, video-enabled centers, and markedly  better conviction rates and trial schedules, early adopters like Haryana and Chandigarh have shown the  promise of the code. Chandigarh achieved a conviction rate of 91.1% while cutting the average resolution  time from 300 to 110 days, and Haryana claimed speedy adjudications in serious crimes. 

But BNSS also raises significant points expanded police power, including warrantless arrests, 15-day  staggered police custody, sweeping device seizures, and pre-trial property attachments, raises a risk of rights  erosion in the absence of robust judicial correction. Trial-in-absentia clause challenges are one example of a  constitutional case that emphasizes the need for careful interpretation in order to protect the right to a fair  trial. The Madras High Court’s involvement in the Ponmudy case serves as an example of how high court  scrutiny demonstrates BNSS’s internal checks. There are now formalized channels for higher-level redress,  and public entities must notify complainants when a matter is closed. 

These three pillars judicial vigilance, administrative coordination, and civil society participation support  BNSS, which has the potential to create a criminal justice system that is efficient, open, and just. Its term,  Nagarik Suraksha, will only have true significance if it actually improves citizen security and upholds  constitutional protections. 

REFERENCE(S): 

1. Bharatiya Nagarik Suraksha Sanhita, 2023, of 2023, Government of India. 
2. Code of Criminal Procedure, 1973 of 1974, Government of India 
3. Ministry of Home Affairs Government of India Official Website 2024. 
4. SCC Online, “Provisions of CrPC and bharatya Nagarik Suraksha Sanhita 2023 (BNSS) . 
5. The Legal Lock, “Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: A Comprehensive Analysis of  India’s Criminal Justice Reform 2025 
6. PRS Legislative Research, “The Bharatiya Nagarik Suraksha Sanhita, 2023,” Bill Track, 2023. 
7. Nishith Desai Associates, “Navigating Through Criminal Law Reforms: Part II – Review of Bharatiya  Nagarik Suraksha Sanhita, 2023,” Legal Analysis, 2024. 
8. Research perspective search in Google scholar. 
9. Research perspective us in manupatra. 
10. Legal news and Academic journals like LiveLaw , Bar and Bench , Legallyindia.

1. It went into effect on July 1, 2024 1, after being approved by Parliament on December 20 and 21, 2023, and receiving presidential assent on December 25 ( 08/11/2025 )

2. e-FIR, or Electronic First Information Report, is a digital version of a traditional First Information Report  that allows citizens to file complaints

3 e-summon is a digitally issued and transmitted legal summons from a court or an authorized authority that  legally notifies a person to appear in court or produce documents (08/11/2025) 

4 article 142 of the Indian constitution and directed courts opt for e-courts and virtual courts for the delivery  of justice to all ( 08/11/2025 )

5. Section 176 in cases of rape the victim’s statement must be recorded through audio-video means 

6 Bharatiya Nagarik Suraksha Sanhita section 48 defines the obligation of the person making an arrest to  inform specific individuals about the arrest and location where the arrested person is being held (  08/11/2025 ) 

7 Victims have the right to access case documents for meaningful participation. Victims can give information  via electronic communication

8 The police officer may keeping in view the nature and gravity of the offense use handcuff ( 08/11/2025 )

9 A Zero FIR can be filed at any police station which is particularly helpful for victims of serious crimes

10 The BNSS allows magistrates to authorize police custody beyond the previous 15-day limitpotentially  extending it within a 60 or 90-day total detention period

11 digital processes such as e-FIRs, electronic summons, and online victim updates, difficult or impossible to  implement equitably 

12 There are so many lack of public consultation face to the BNSS that is a Critics point out that the bills were  passed without extensive pre-legislative consultation ( 08/11/2025 )

13 The new law mandates the use of audio-video technology for recording searches, seizures, confessions,  and statements to increase transparency and accountability ( 08/11/2025 )  

14 a rape case where the victim’s statement is recorded electronically at her residence by a female police  officer and a forensic expert is required to visit the crime scene to collect evidence with all findings being  audio-video recorded ( 08/11/2025 )