INTRODUCTION
Criminal law in India has always seen as the back boon of maintaining order and protecting citizens rights. However, the existing criminal justice system has often been criticized for being slow, outdated and heavily dependent on paperwork. In response to these challenges the government of India has taken major steps to modernize and reform the system. The introduction of three new criminal laws, Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023, marks a new beginning in India’s approach to criminal justice. These laws aim to bring speed, transparency, and fairness to the system by focusing on timelines, digital evidence, and victim-centric justice.
A NEW FRAMEWORK FOR CRIMINAL JUSTICE
The three new laws have replaced the colonial-era Indian Penal Code (IPC) 1860, Code of Criminal Procedure (CrPC) 1973, and Indian Evidence Act 1872. The purpose of these reforms is to make the laws more suitable for the 21st-century Indian society.
The government’s intention is not merely to rename the statutes, but to change how justice is delivered. The focus has shifted from punishment alone to ensuring that justice is timely, technology-driven, and sensitive to victim’s rights.
Some of the most notable changes include stricter deadlines for investigation and trial, the acceptance of digital and electronic evidence, and greater protection and participation for victims.
TIMELINES FOR SPEEDY JUSTICE
One of the biggest criticisms of India’s criminal justice system has been delay. Cases often drag on for years, causing frustration and loss of faith among citizens. The new laws have introduced specific timelines to ensure faster completion of each stage of the criminal process.
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS):
- Police must file the charge sheet within 90 days (or 180 days in serious offences).
- Victims and complainants have the right to receive updates about their case.
- Magistrates are required to ensure that trials are not unnecessarily delayed.
In addition, provisions have been made for the electronic recording of trials, statements, and evidence to reduce procedural delays. These changes aim to bring efficiency and accountability to the justice system, ensuring that both the accused and the victim do not remain trapped in long legal battles.
THE RISE OF DIGITAL EVIDENCE
With the increasing use of technology, crimes today often leave behind digital footprints. From online frauds to cyber-harassment and data theft, electronic evidence plays a vital role in modern investigations.
The Bharatiya Sakshya Adhiniyam (BSA) gives legal recognition to electronic and digital evidence at par with traditional documentary evidence. This includes:
- Emails, chats, social media messages
- CCTV footage and audio recordings
- Server logs, GPS data, and computer files
Such evidence can now be produced, examined, and stored electronically. The law also introduces measures to ensure the authenticity and reliability of digital records, which was earlier a grey area under the old Evidence Act.
This modernization aligns India’s criminal justice process with global standards, making it capable of addressing cybercrimes, digital frauds, and tech-related offences more effectively.
VICTIM-CENTRIC JUSTICE: A MAJOR SHIFT
Perhaps one of the most progressive aspects of these reforms is the growing emphasis on victim’s rights. Earlier, criminal law largely revolved around the accused their arrest, bail, and trial while victims often felt sidelined.
The new laws aim to balance this by introducing several victim-friendly provisions:
- Victims have the right to be informed about case progress, including filing of charge sheets and trial dates.
- Courts can now order compensation and rehabilitation measures for victims of crimes such as sexual assault and acid attacks.
- The law also provides for recording of victim’s statements through video conferencing, ensuring comfort and protection from secondary trauma.
This shift recognizes that justice is not complete unless the victim’s dignity and rights are restored.
FOCUS ON TECHNOLOGY AND MODERN POLICING
The new framework encourages the use of technology in policing and court procedures. E-FIRs (online First Information Reports), digital charge sheets, and video-based hearings are being promoted to reduce paperwork and human error.
For example:
- Citizens can file certain types of FIRs online, especially for non-serious offences.
- Police investigations can use body cameras and mobile-based evidence collection tools.
- Judicial processes such as remand hearings and witness examinations can now take place virtually.
This digital shift will not only improve accessibility for citizens but also help in maintaining transparency and reducing corruption.
CHALLENGES IN IMPLEMENTATION
While the reforms are promising, their implementation will decide their real impact. The challenges include:
- Training of police officers, prosecutors, and judges to handle digital tools and evidence.
- Infrastructure gaps, especially in rural areas where internet access and technological support are limited.
- Public awareness, as citizens must know their rights and how to use digital systems.
The success of these laws will depend on whether all stakeholders from law enforcement to judiciary adapt effectively to the new system.
CONCLUSION
India’s move to reform its criminal laws marks a historic transformation in the justice system. By introducing strict timelines, accepting digital evidence, and empowering victims, the government aims to make justice faster, fairer, and more inclusive.
However, laws alone cannot change society. Their success lies in effective implementation, continuous training, and public cooperation. If these reforms are applied sincerely, they can make India’s criminal justice system not only modern and efficient but also more humane and responsive to the needs of the people.
CONTRIBUTED BY: SWEETA NAMASUDRA (Intern)