CRIMINAL LAW REFORMS IN INDIA : A CLOSER LOOK AT BHARATIYA NAGARIK SURAKSHA SANHITA 2023

ABSTRACT

India’s criminal justice system has undergone landmark reforms with the enactment of three new laws in 2023, replacing colonial-era statutes:

1. Bharatiya Nyaya Sanhita (BNS), 2023- replaces the Indian Penal Code, 1860.
2. Bharatiya Nagrik Suaksha Sanhita (BNSS), 2023- replaces the Code of Criminal Procedure, 1973.
3. Bharatiya Sakshya Adhiniyam (BSA), 2023- replaces the Indian Evidence Act, 1872.

This examines the Bharatiya Nagrik Suaksha Sanhita (BNSS), which came into force on 1^st July 2024, replacing the Criminal Procedure Code, 1973. It analyses key procedural reforms- e-FIR/Zero FIR mandatory forensic investigation, timelines, audio-visual recording, bail, custody and community service and judicial interpretations including the Bombay High Court’s decision on predicate offences under the Prevention of Money Laundering Act. Case law, stator structure, comparative analysis with CrPC . The article concludes with reflection on whether BNSS represents a citizen-centric transformation of criminal justice in India or shift towards increased police power.

INTRODUCTION

India’s colonial-era criminal justice system, in CrPC 1973, has long been criticized for procedural delays, archaic language, and inadequate citizen protections[1]. in August 2023, the Union Government introduced three statutes- the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suaksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA), to overhaul criminal justice[2]. Of these, BNSS consolidates and modernizes criminal procedure via 531 section across 39 chapters, replacing CrPC’s 484 provision. [3]This article dissects BNSS’s major reforms and implications.

HISTORICAL BACKGROUND AND ENACTMENT

The BNSS bill (Act No 46 of 2023) was passed by Lok Sabha on 20 December 2023, Rajya Sabha on 21 December and received presidential assent on 25 December 2023, coming into effect on 1^st July 2024. Designed under the rationale of citizen- centric governance, it emphasizes justice over punishment, digital integration and constitutional rights.

KEY PROCEDURAL INNOVATIONS

[a] Zero FIR and e-FIR (Section 173).

BNSS introduces statutory Zero FIR, permitting a police officer to record cognizable report beyond jurisdiction and transfer them later. Digital reporting or e-FIR is permitted and made legally valid once the reporter signs a physical copy within 3 days[4].These mechanisms aim to democratize access to FIR registration and prevent jurisdictional denial.

[b] Mandatory Forensic Investigation (Section 176(3)).

For offences punishable by seven years or more, a forensic expert must visit the crime scene, collect evidence, and vide-record the entire procedure. If state facilities are lacking, cross state assistance is authorized. This provision counter investigative delay and promotes integrity in evidence collection[5].

[c] Audio-Visual Recording of Search, Seizure and Statements (Section 105, 173 & others) 

 BNSS mandates that search and seizure operations under Chapter VII be recorded audio-visually, from seizure list preparation to signing by witness and forwarded to magistrates. Statements, especially from victims, must be recoded via audio-video means. The aim is transparency, minimizing fabricated evidence[6].

[d] Timelines Across the system

• Several substantive timing are established:
• Preliminary enquiry between 3-7 years offences: 14 days[7].
• Rape victim medical exam within 24 hours; report to investigating officer within 7 days.[8]
• Charge framing : within 60 days of first hearing; discharge application: within 60 days[9].
• Judgment: within 30 days post arguments, extendable to 45 days.[10]
• Progress updates to victims within 90 days. [11]

These timelines, binding on police and courts, aim to reduce chronic procedural delays.

[e] Bail and Custody (Section 187; 479)

Detention in police custody is extended: investigation must complete within 24 hours and accused produced to magistrate promptly. [12]Under- trail release safeguards are recalibrated: prisoners held for half of maximum sentence (or one-third for first-time offenders) are entitled to bail unless multiple offences or serous penalties. [13]

[f] Witness Protection (Section 398)

State Governments must establish formal witness protection schemes, aligning with Law Commission recommendations. This provision intends to strengthen security for vulnerable witnesses and reduce intimidation.[14]

[g] Language Modernization and Mental Health (Chapter XXVII).

BNSS replaces terms like ‘lunatic’ or ‘unsound mind’ ‘person with intellectual disability’ or mental illness’. Chapter XXVII aligns procedural provisions regarding mentally ill accused with the Mental Healthcare Act, 2017, reflecting right-based language.[15]

CASE LAW AND JUDICIAL INTERPRETATION

Bombay High Court: BNS offences as predicate offences under PMLA

In a recent ruling, the Bombay High Court held that offences shifted from IPC to BNS corresponding to PMLA Schedule. The court emphasized purposive interpretation and continuity of criminality across statutory transition. This reflects the judiciary’s effort to maintain coherence amidst legislative overhaul.[16]

Senthil Balaji and Custodial Interpretation

BNSS’s extension of custody aligns with V Senthil Balaji v State (2023), where the Supreme Court clarified that the 15- days limit under CrPC applied to cumulative custody, not pre order. However critics caution that expanding custody terms without strengthening safeguards risks custodial misuse.[17]

COMPARATIVE ANALYSIS: CRPC VS BNSS

A comparative review reveals:

• Structure and language: BNSS simplifies archaic CrPC language and reorganizes chapters for clarity (e.g. 531 section vs 484).[18]
• Digital first: BNSS formally incorporates ae-FIR, e-summons, e-trials and e-communication, whereas CrPC lacked provisions for digitization.[19]
• Timeline discipline: CrPC only emphasized ‘speedy trail’ in theory; BNSS specified timeframes across prosecutorial, investigative and judicial stages. [20]
• Custody and bail: BNSS extends custody but limits bonds for under-trail release in multiple offences of serious penalties. [21]
• Terminology and sensitivity: BNSS abolishes stigmatizing terms regarding mental illness and disability. [22]

IMPLEMENTATION AND IMPACT SO FAR

States such as Haryana and Chandigarh have initiated digital and procedural integration efforts under BNSS:

• Chandigarh police reported 3,154 FIRs (1,459 e-FIR) in first year post-enactment, 758 charge-sheets filed, and 91.1% conviction rate across 78 resolved cases. Average time to conviction dropped from 300 to 110 days. [23]
• Haryana has trained over 54,000 police personnel in BNSS, BNS and BSA, initiated digital policing tools (e-summon, e-sakshya), designated over 2,100 witness-examination places, and upgraded forensic infrastructure. [24]
• Delhi has linked police stations with hospitals under Section 194(3) BNSS to improve medico-legal procedures for rape, accidents and emergencies. [25]
• Home Ministry oversight meeting have emphasized e-summons issuance, prosecution appointments, and increased conviction targets. [26]

These developments indicate active implementation, though success varies across jurisdictions.

CONCLUSION

The Bharatiya Nagrik Suraksha Sanhita, 2023 is a transformative revision of India’s criminal procedural law that fundamentally shifts the paradigm of justice inherited from CrPC 1973. It acknowledges and addresses the importance of digitization and timelines, forensics rigour, and victim centred provisions into the administration of justice in India towards a modern, well checked and transparent justice system. The possibilities for institutionalizing Zero FIR, establishing e-FIR as a flexible police tool, establishing mandatory forensic investigations, creating community service as an acceptable use of the hearing process are all areas where new strides have been made.

On the other hand, expanded police custodial powers, vague detainment powers in sections like 172, as well as access to justice in general based on digital accessibility are all areas of the BNSS that conceivably fail to maintain checks and balances of police discretion, and undermine access to justice. Making the BNSS will only happen if appropriate forensic infrastructure, digital literacy, and timelines are developed and in use. Perhaps ongoing judicial oversight of BNSS legislation, training of law enforcement, and a level of legislative flexibility will enhance the intentions of the BNSS towards a coercive model of control rather than the intent to restore justice.

In summary, the BNSS represents a paradigm changing procedural, statute with transformational potential that hinges upon effective implementation and oversight from the judiciary, and the continued attention to rights and equity.

REFERENCES

• Bharatiya Nagrik Suraksha Sanhita, 2023 (Act No. 46 of 2023) Passed by the Parliament of India; came into force on 1 July 2024.  Accessible at: https://egazette.gov.in  

• Criminal Procedure Code, 1973 (repealed by BNSS) – CASE LAWS

1. V Senthil Balaji v State Represented by Deputy Director, Directorate of Enforcement (2023) SC. This case looks at the 15-day police custody rule under CrPC. 

2. Bombay High Court, 2024, Judgment on predicate offences under PMLA. Confirmed that offences under BNS replace IPC offences and remain predicate offences under PMLA. 

• Government and Legislative Resources

1. PRS Legislative Research, ‘Bharatiya Nagarik Suraksha Sanhita, 2023: Bill Summary’ (PRS, 2023) https://prsindia.org/billtrack/bharatiya-nagarik-suraksha-sanhita-2023  

2. Ministry of Home Affairs, ‘Press Releases and Statements on BNSS and Criminal Law Reforms’ https://www.mha.gov.in/  

3. Gazette of India, BNSS Act and Statements of Objects and Reasonshttps://egazette.gov.in/

• Scholarly & Explanatory Legal Articles

1. Legal Service India, ‘Criminal Law Reforms: Bharatiya Nagrik Suraksha Sanhita, 2023’ https://www.legalserviceindia.com/legal/article-12489-criminal-law-reforms-a-new-era.html  

2. Testbook, ‘Criminal Law Reforms 2023: BNSS Explained’ https://testbook.com/current-affairs/bharatiya-nagrik-suraksha-sanhita/  

3. Drishti IAS, ‘Criminal Law Reforms in India’ https://www.drishtiias.com/daily-updates/daily-news-analysis/criminal-laws-reform-bills-2023  

• State Implementation Data

1. Chandigarh Police, Annual BNSS Statistics 2024 https://chandigarhpolice.gov.in/  

2. Haryana Police & Home Department, Reports on Training and Digital Implementation Reported in articles by TOI and Tribune India. 

3. Delhi Police, Integration of Medical Evidence and e-FIR Systems https://delhipolice.gov.in/  

• News Reports and Commentary

1. The Tribune, ‘Understanding BNSS: New Criminal Justice Procedures’ (2023)  https://www.tribuneindia.com/news/nation/

2. Times of India, ‘Delhi Releases Community Service Guidelines under New Criminal Laws’ (2024) https://timesofindia.indiatimes.com/  

3. Live Law, ‘Custody Under New Criminal Law: Legal Analysis’ https://www.livelaw.in/  

4.Indian Express, ‘Zero FIR and Digital FIR Now Law: What BNSS Means’ https://indianexpress.com/

[1] LegalServiceIndia, “Transforming Justice” (2024), para key changes and structure.

[2] Wikipedia entry on BNSS 2023; PRS India legislative data

[3] See Statement of Objects & Reasons cited in Tribune and LegalServiceIndia analyses

[4] LegalServiceIndia § among “Key Reforms” Zero FIR, e‑FIR.

[5] Tribune etc., Clause 176(3) mandatory forensic

[6] LegalServiceIndia, section 105 audiovisual

[7] LegalServiceIndia timeline list § enquiry before FIR

[8] LegalServiceIndia § 184 rape medical timeline

[9] LegalServiceIndia §§ 230, 251, 263, 250, 262

[10] LegalServiceIndia § 258 judgment delivery

[11] LegalServiceIndia § 193(3)(ii) progress updates

[12] LegalServiceIndia § 187 custody, etc.19

[13] LegalServiceIndia §§ 479(1), (2) bail release

[14] LegalServiceIndia § requirement for witness protection scheme.

[15] Bar & Bench article on abolition of archaic terminology

[16] Bombay High Court decision on PMLA predicate crimes under BNS

[17] Bar & Bench /analysis citing Senthil Balaji Supreme Court and CrPC custodial provisions

[18] LegalServiceIndia compare structure.

[19] India Today digest on e‑processes; LegalLock on online trials

[20] Bar & Bench and LegalServiceIndia on timeline enforcement.

[21] Drishti IAS observations on bail restrictions.

[22] Bar & Bench on sensitive vocabulary

[23] Chandigarh Police annual report under new legislations

[24] Haryana digitisation of policing and training under BNSS

[25] Delhi hospital‑police connectivity under § 194(3) BNSS

[26] TOI home minister review meeting on e‑summons and legal framework