Published On: August 19th 2025
Authored By: Vanishree Singh
Maharaja Agrasen Institute of Management studies, Delhi
Introduction
India’s criminal justice system has often been criticised for being outdated, colonial in origin, and unable to serve the needs of a modern democratic society. The primary criminal laws that govern investigation, trial, and punishment — namely the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 — have been in existence for decades, some even since the British era. While these laws have certainly been amended over time, their foundational structure still largely reflects colonial priorities, not necessarily the aspirations of a sovereign republic.
In this backdrop, the Government of India introduced three new bills in 2023 to replace these old statutes. One of them, the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), aims to overhaul the procedural law for criminal matters by replacing the CrPC. This blog attempts to take a deeper look at these proposed reforms, understand what BNSS brings to the table, and how it could shape the future of criminal administration in India.
Why Was There a Need for Reform?
Colonial legacy
The Code of Criminal Procedure was originally drafted by the British to serve their colonial interests — primarily to maintain law and order so as to ensure continued governance. The system prioritised control over subjects, often overlooking individual rights and local conditions. Even though independent India has amended these laws over time, many of the procedures still bear a colonial stamp.
Delay and inefficiency
Another persistent issue with the criminal justice system has been delay. Cases drag on for years, leading to overcrowded jails filled with undertrial prisoners who have not yet been convicted of any crime. Slow investigation and procedural bottlenecks often deny speedy justice to victims and accused alike.
Changing nature of crime
With advancements in technology and the increasing complexities of financial and cyber crimes, it became essential to revamp procedural laws to keep pace. The older laws were inadequate in handling the nuances of modern evidence gathering such as electronic records or digital footprints.
Strengthening citizen rights
The new approach tries to shift the balance towards victim rights, protection of witnesses, and faster resolution. At the same time, it aims to protect the fundamental rights of the accused, reinforcing the idea of ‘innocent until proven guilty’ with fairer and more transparent procedures.
What is the Bhartiya Nagrik Suraksha Sanhita, 2023?
The Bhartiya Nagrik Suraksha Sanhita, 2023 seeks to replace the CrPC, which has been the backbone of procedural criminal law in India. The BNSS is designed with several objectives:
- To modernise criminal procedure in line with technological changes.
- To ensure faster investigation and trial, thus reducing pendency.
- To give more rights and support to victims.
- To introduce accountability at various stages of investigation and trial.
- To simplify and streamline procedures.
It is a comprehensive law, spread over hundreds of sections, much like the CrPC, but with significant alterations meant to suit contemporary Indian society.
Key Highlights of BNSS, 2023
Let us explore some of the major changes proposed under the BNSS and what they imply.
1. Emphasis on technology
Electronic summons & warrants: BNSS recognises the role of technology by allowing summons, warrants, and legal notices to be served through electronic means such as email and SMS. This will make the process quicker and reduce delays due to failure of physical service.
Recording of evidence: Statements of witnesses and victims can be recorded through audio-video means. This is particularly important for sexual offences or cases where witnesses are vulnerable and may fear coming to court repeatedly.
E-FIR and online processes: The BNSS envisages wider scope for filing complaints online, making the process accessible to citizens from remote areas as well.
2. Victim-centric approach
Victims now have more rights to be informed of the progress of investigation. The law mandates that they be updated about arrest of the accused and stages of the case.
The concept of victim compensation has been strengthened. Courts can recommend compensation to victims even if the case ends in acquittal or discharge, if circumstances demand.
3. Speedier investigations
The BNSS fixes time limits for investigation. Generally, the police will have to complete an investigation within 90 days, extendable to 180 days in special circumstances. This seeks to prevent endless delays at the investigation stage.
There are stricter guidelines on filing charge-sheets, and police officers failing to adhere to timelines may face departmental action.
4. Addressing delays in trial
The BNSS encourages day-to-day trials, especially for cases involving serious crimes against women and children.
Efforts have been made to reduce adjournments, which are a big cause of delay. The courts are to record reasons for granting adjournments, and repeated adjournments are discouraged.
5. Provision for plea bargaining
The concept of plea bargaining, which already exists in CrPC, is given more structure. It allows the accused to plead guilty for lesser punishment in exchange for quick disposal. This helps reduce burden on courts and gives victims closure faster.
6. Zero FIR and victim-friendly registration
BNSS retains the concept of Zero FIR, where a crime can be reported at any police station irrespective of jurisdiction, and later transferred. This ensures no crime goes unregistered due to technicalities.
7. Community service and new punishments
The BNSS also includes provisions for community service as a form of punishment for petty offences. This is a progressive step aimed at reform rather than purely punitive measures.
Some Notable Structural Changes
Arrest procedures made stricter
BNSS tries to balance police powers with individual liberties. It requires reasons for arrest to be recorded in writing, particularly for offences punishable with imprisonment less than 7 years. This is aimed at preventing unnecessary arrests which violate personal liberty.
More protection to women and children
There are explicit provisions for conducting investigation and recording statements of women and children in their own homes or in presence of a female police officer, to reduce trauma.
In-camera trials
For certain sensitive offences, the trials will mandatorily be held in-camera (not open to public) to protect privacy and dignity of victims.
Potential Benefits of BNSS
1. Bringing justice closer to the common citizen
The use of technology in serving summons, recording statements and filing complaints can make justice more accessible to ordinary people, especially those in rural or remote areas.
2. Faster disposal of cases
By imposing stricter timelines on investigation and reducing adjournments, the BNSS hopes to tackle the huge backlog of criminal cases in India.
3. Protecting rights of victims and witnesses
Victims now have more say in the process, from investigation to trial, and there are stronger safeguards to protect them from intimidation.
4. Reducing burden on prisons
By encouraging community service and plea bargaining for minor offences, the new law could reduce overcrowding in jails, allowing prisons to focus on hardened criminals.
Concerns & Criticisms
While the BNSS has been largely welcomed, it has also drawn criticism on some counts.
Discretionary powers still wide: Critics argue that despite procedural safeguards, police still have significant powers that could be misused, especially given the lack of strong independent oversight mechanisms.
Implementation hurdles: Simply changing the law does not guarantee change on the ground. Effective implementation requires training of police, prosecutors, and judges in the new procedures.
Infrastructure gap: For example, recording statements via video requires equipment and stable internet, which may not be available in many police stations.
Fear of technology misuse: Electronic notices and trials also raise concerns about digital exclusion of people who are not tech-savvy or lack access to devices.
How BNSS Fits into Broader Criminal Law Reforms
It is important to remember that the BNSS does not operate in isolation. Along with it, the Government has also introduced:
Bhartiya Nyaya Sanhita, 2023 (BNS) replacing the IPC.
Bhartiya Sakshya Bill, 2023 (BSB) replacing the Indian Evidence Act.
Together, these three new laws aim to overhaul the entire criminal justice system in India. The BNS focuses on substantive offences and punishments, the BSB deals with rules of evidence, and the BNSS lays down the procedures. The coordinated effort is to make the entire framework modern, victim-friendly, and efficient.
Conclusion
The Bhartiya Nagrik Suraksha Sanhita, 2023 marks a bold attempt by India to shed colonial-era procedures and adopt a more citizen-centric, technology-driven criminal justice process. It recognises the evolving nature of society and crime, tries to streamline investigations, ensures quicker trials, and above all attempts to make the justice system more responsive to victims.
However, the real test will lie in how these provisions are implemented. Laws on paper are only as good as their execution on the ground. Training, resources, and sensitisation of police and judiciary will be crucial. Moreover, building trust among the common people — especially marginalised sections — that the new system works fairly and transparently is essential.
If rolled out effectively, these reforms under BNSS could usher in a new era where justice is not only done but seen to be done swiftly, equitably, and humanely. It is a journey from a system designed for colonial rulers to one truly meant for the citizens of a free India — fulfilling the promise embedded in the name Bhartiya Nagrik Suraksha Sanhita itself.
References
- Bhartiya Nagrik Suraksha Sanhita Bill 2023 (India)
- Law Commission of India, Reforms in Criminal Law (Report No 277, 2020) paras 4.3–4.8
- Ratanlal and Dhirajlal, The Code of Criminal Procedure (22nd edn, LexisNexis 2022)
- K D Gaur, Textbook on Indian Penal Code (7th edn, Universal Law Publishing 2021)
- Abhinav Chandrachud, ‘Reforming Criminal Procedure in India’ (2023) 14 NUJS L Rev 112
- PRS Legislative Research, ‘The Bharatiya Nagarik Suraksha Sanhita, 2023: Key Features’ (PRS, 11 August 2023) <https://prsindia.org/billtrack/bhartiya-nagrik-suraksha-sanhita-2023> accessed 8 July 2025
- Krishnadas Rajagopal, ‘New Bills to Replace IPC, CrPC Tabled in Parliament’ The Hindu (New Delhi, 11 August 2023) 1
