Criminal Law Reforms in India: A Closer Look at BNSS 2023

Abstract

On 11 August 2023, three bills were introduced in Lok Sabha by Shri Amit Shah, These three new law reforms were brought in 2023 to modernize and reengineer the criminal judicial system.

Bhartiya Nyaya Sanhita (BNS), 2023 replaces Indian Penal Code (IPC), 1860.

Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces Code of Criminal Procedure (CRPC), 1973.

Bhartiya Sakshya Adhiniyam (BSA), 2023 replaces Indian Evidence Act (IEA), 1872.

BNSS reflects a shift to a rehabilitative justice from punitive justice, Bhartiya Nagarik Suraksha Sanhita, 2023 also contains procedures for maintaining law and order. The Standing Committee examined these three bills.

Introduction

Three new criminal law reform are set to take effect from 1^st July 2024, replacing the CRPC, CPC, IEA from the colonial-era. The main need to replace these law reforms was to bring modernization and to bring a change in criminal justice system. As this article mainly focuses on the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, it discusses about the key features that’s been added in the BNSS replacing the provision of the colonial era CRPC, and it will also compare the BNSS and CRPC to take a closer look at what new provisions have been added in the new criminal law and what provisions have been omitted from the earlier code. BNSS replaces CRPC and consist 531 sections with 177 sections that have been revised, 9 new sections new added, 14 sections that has been repealed. These law reforms were introduced for speedy justice, and to include digitalization and make justice more accessible to citizens. BNSS seeks to liberalize and give the criminal justice system a more humane approach, the new law contain provisions to have more accurate criminal investigation. The BNSS seeks to improve efficiency of the criminal justice system by streamlining procedure and reducing delays.^[1] It focuses more on reformative justice rather than punishment centric model, the Exhibition at the Jaipur and convention center (JECC) showed the shift from punitive justice to more focused and transparent criminal justice system. ^[2]istorical background

The CRPC is a procedural law established for investigating, prosecution, trail and bail. Though after making several amendment in the British colonial era CRPC, the judicial system was still facing many challenges like case backlogs, trial being delayed, then CRPC did not had digital provisions to make justice more accessible. The BNSS was introduced to replace CRPC, it amends the provision related to bail enhances the legal framework governing property seizure, amends the scope of power exercised by police and magistrate.^[3]

Key features of BNSS 2023

• E-FIR allows citizen to report incidents online without actually visiting the police station.
• Zero FIR allows the victim to file FIR from anywhere, at any police station regardless of jurisdiction.
• Victims are entitled to get updates on their case within 90 days.^[4]
• It is mandate that no withdrawal shall be allowed by the court without giving any opportunity of being heard to victim in the case.^[5]
• The BNSS contains the provision for forensic investigation, for offence punishable for 7 years or more, and it is also mandatory to make a video of the crime scene to help prevent tempering of evidence.
• Summons are now can be served electronically reducing the paper work.^[6]
• To ensure and fair justice, the preliminary enquiry needs to be completed within 14 days, and further investigation needs to be completed in 90 days, charge should be framed within the period 60 days,
• Courts can be adjourned two times, ensuring justice served in time.^[7]
• To make the system more reformative the arrest provisions have been amended, like not arresting the accused for handwriting, signature and voice samples.

Comparison between CRPC and BNSS.

• Though many provisions of CRPC are retained in BNSS, they are some changes that’s been added to make the justice more reformative.
• The CRPC, did not had provisions for E-FIR, and zero FIR in more inclined towards the digital approach by adding these provisions in the new reforms to make the justice more accessible.
• The BNSS also mandates every state to prepare the ‘witness protection scheme’. The Malimath Committee stressed upon the need for extensive witness protection plan.
• The BNSS mandates that judgement must be passed within 30 days either of conviction or of acquittal to ensure speedy justice.
• The provision dealing with ‘Metroploitan areas’ and ‘Metropolitan Magistrate’ in CRPC are removed from BNSS.
• The BNSS also made provision regarding arrest for investigation and inquiry stage not to delay the procedure.
• The BNSS also made forensic investigation mandatory for offences that is punishable for 7 years or more.
• The position of Judicial Magistrate Third class and Assistant Session Judge is excluded from BNSS restructuring the hierarchy of criminal court.
• The rights of the victim are also recognised in the BNSS giving it more humane approach.
• The complex bail procedure are simplified in the BNSS, the BNSS clearly defines the anticipatory bail, that who can apply for it and what are the conditions and reduce the discretionary power too.

Criticism

• It is possible that police may misuse the power that is been grant to the them in FIR registration, and preliminary investigation, which allows them to convoke alleged offender before the actual case. ^[8]
• The better infrastructure is also needed in the rural area, as those state who doesn’t have the forensic laboratories have to rely on the other state’s forensic department, and the government should also take initiatives to spread awareness for instance regarding the digitalisation of reporting system.
• Some critics argue that the BNSS retains most of the provision from CRPC and it is just the renaming of the act, and not the full reform.
• The ‘witness protection scheme’ that was introduced by the Malimath Committee, lacks established timeline and execution of the framework, because of this states lacks the measures to establish the scheme, therefore, currently there is no examples of any state setting up the‘ witness protection scheme’.^[9]

Conclusion

The Bhartiya Nagarik Suraksha Sanhita,2023 replaced the Code of Criminal Procedure, 1973. The BNSS objectives is to give the new criminal justice a more of a reformative approach. The BNSS aims to make the new judicial and procedural system digital and modern making provisions regarding the E-FIR and zero FIR  so the system can be more citizen centric.

The BNSS retains most of the provisions from CRPC but there are some slight changes have been made and some new provisions have been added to make speedy justice and ensure transparency, but to make all these possible the government have to implement some effective changes and should do campaigns for public awareness to make the citizens aware about their rights, and to fulfil the vision of making the system more public focused.

References   

1. K.Madhavi, civil Judge (senior Division) CUM-Asst, Sessions Judge, overview of major reforms in all criminal law, s3waas, (Govt. of India, 14 June 2024) ). Microsoft PowerPoint – PPT 14-06-2024.pptx
2. With new criminal laws India’s system riven by Justice rather than punishment , Amit shah, The Hind, (13 Oct. 2025) With new criminal laws, India’s system driven by justice rather than punishment: Amit Shah – The Hindu
3. PRS legislative research, the Bhartiya Nagarik Suraksha Sanhita , 2023 CRPC, 2023. The Bharatiya Nagarik Suraksha Sanhita, 2023
4. Press Information Bureau, press release on key features of new criminal law. Ministry of home affairs (20 Aug 2025 by PIB Delhi) Press Release:Press Information Bureau
5. The Bhartiya Nagarik Suraksha Sanhita 2023, (As passed by Lok Sabha , 20 dec. 2023) (Government of India) 506LS Pre..pmd

[1] K.Madhavi, civil Judge (senior Division) CUM-Asst, Sessions Judge, overview of major reforms in all criminal law, s3waas, (Govt. of India, 14 June 2024) ). Microsoft PowerPoint – PPT 14-06-2024.pptx

[2] With new criminal laws India’s system riven by Justice rather than punishment , Amit shah, The Hind, (13 Oct. 2025) With new criminal laws, India’s system driven by justice rather than punishment: Amit Shah – The Hindu

[3] PRS legislative research, the Bhartiya Nagarik Suraksha Sanhita , 2023 CRPC, 2023. The Bharatiya Nagarik Suraksha Sanhita, 2023

[4] Press Information Bureau, press release on key features of new criminal law. Ministry of home affairs (20 Aug 2025 by PIB Delhi) Press Release:Press Information Bureau

[5] The Bhartiya Nagarik Suraksha Sanhita 2023, (As passed by Lok Sabha , 20 dec. 2023) (Government of India) 506LS Pre..pmd

[6] Press Information Bureau, press release on ley features of new criminal law. Ministry of home affairs (20 Aug 2025 by PIB Delhi) Press Release:Press Information Bureau

[7] The Bhartiya Nagarik Suraksha Sanhita 2023, (As passed by Lok Sabha , 20 dec. 2023) (Government of India) 506LS Pre..pmd

[8] Press Information Bureau, press release on ley features of new criminal law. Ministry of home affairs (20 Aug 2025 by PIB Delhi) Press Release:Press Information Bureau

[9] Press Information Bureau, press release on ley features of new criminal law. Ministry of home affairs (20 Aug 2025 by PIB Delhi) Press Release:Press Information Bureau