Published on: 27th December 2025
Authored By: Sheza Saleem
Rizvi Law College, Mumbai
ABSTRACT
The Bharatiya Nagarik Suraksha Sanhita (BNSS) Act, 2023 is one of the three new bills introduced in the Lok Sabha. It replaces the former Code of Criminal Procedure, 1973 (CrPC) and came into effect on July 1, 2024. Its main aim is to modernize the CrPC and create transparency and work with technology-driven forces including victim-centric approaches all while ensuring fairness during trial and investigation. Some commendable steps taken in favour of this act’s innovation are mandatory digital and electronic documentation of trials, sculpted timelines for judgements and mandatory forensic investigation for major offences. This piece of research aims to carefully scrutinize the causes and consequences of introducing this new bill into our constitution, which enforces major changes, henceforth creating conspiracy within the public about the restricted time framed for judgements and the expanded powers to authority. In the end, all focus lies on the impact of this transformation and if it balances all the elements required for a fair and just system of law.
INTRODUCTION
It is understood that in a world where rapid changes occur very frequently, we need to adapt to them with great efficiency and grit. The most impacted sector today is the technological sector which has been foregoing multiple changes constantly and it is our collective responsibility to make sure no one is left behind. The most crucial aspect of leaving no one behind would be prioritising the negatively affected sections of public by creating an upper- hand for them in certain situations, especially when the rates of injustice has been skyrocketing lately, with greater offences against women and the children. This is where the law comes into picture. Even laws need to be enhanced according to the new generational movements and create opportunities of attaining a speedy and effective justice to every citizen of the country. The Indian Parliament made sure this was fulfilled as they introduced three new bills into our constitution including the new criminal code of India – Bharatiya Nagarik Suraksha Sanhita, 2023. This aims to replace the Criminal Procedure Code (CrPC), 1973, by adding new, advanced provisions. It assumes an instrumental role as it governs the entire criminal process, which can be known as the backbone of any judicial system in the society. This change aims to move from a colonial control-centric approach to a citizen-centric approach in the criminal procedure. Let us dive deeper into the concept of BNSS being a pivotal move for the Indian Judicial system.
HISTORICAL VIEW OF LEGISLATIVE EVOLUTION
The former criminal procedural law- The Code of Criminal Procedure (CrPC)1973 was an adaptation of the British Colonial Code of 1898. Though it was enacted after independence, it still retained most of the framework established during colonial rule, signalling that it focused more on being control-oriented and administrative according to the priorities of the British Empire rather than targeting a citizen-centric approach.
There have been many attempts by the constitution to modernize the law like the 2005 Amendment introducing plea bargaining and provisions for victims’ compensation but they became outdated as technological advancements took place. Due to this the Indian judicial system started facing issues like overload of pending cases, decreased victim protection and lack of use of technology. This further caused the public trust in the system and this hence reflected a need for change.
Against this backdrop, the Government of India initiated a comprehensive reform process to “Indianize modernize and decolonize” the criminal legal framework. The BNSS is hence a structural break from colonial legal inheritance and an impactful statute. It reflects India’s ambitious target of achieving an advanced progress in the field of justice, aligned with constitutional guarantees.
ELEMENTS OF BHARATIYA NAGARIK SURAKSHA SANHITA(BNSS),2023
The new BNSS retains most of the foundation of CrPC, but adds modernization and innovation in order to stay in accordance with the new generational reforms. Key changes include forensic technology, digitalisation of trial processing, fixed timelines for investigation and trial, increased victim rights and more powers for law enforcement. It is evident that this new bill brings a new look into the criminal procedure as it balances modernization with due process and efficiency.
1. Technological Integration
One of the most remarkable aspects of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is its strong emphasis on technological integration to modernize India’s criminal justice system. The new law introduces provisions for electronic First Information Reports (e-FIRs) in all cognizable offences, except those requiring immediate police intervention, making the registration of complaints more accessible and efficient. It also legitimizes the use of electronic warrants, digital summons, and online record-keeping, thereby reducing paperwork and improving transparency.
2. Arrest and custody
The BNSS also brings significant reforms to the process of arrest and custody, aimed at ensuring accountability and protecting the rights of individuals. The law mandates the recording of reasons for every arrest, which must be documented and justified. It also introduces custodial investigation limits with provisions for periodic review by judicial authorities to prevent unnecessary detention3. In terms of investigation and chargesheet procedures, the BNSS establishes a framework for greater efficiency and time-bound action. Investigations are now required to be completed within 90 to 180 days, depending on the nature of the offence, reducing the scope for indefinite delays.
3. Victim-centric approach
A useful advancement under the BNSS is its victim-centric approach, showing a shift toward restorative and participatory justice. Victims are now entitled to be informed about the progress of investigations and are given the opportunity to participate in trial proceedings, particularly in cases involving withdrawal of prosecution or sentencing. Provisions for victim compensation and witness protection have also been strengthened, ensuring that justice extends beyond conviction to the restoration of dignity and safety for those affected by crime.
4. Trials and procedures
The BNSS also undertakes wide-ranging reforms in trial and court procedures to promote speed and efficiency. The introduction of a “zero adjournment policy” ; except under special circumstances; aims to curb unnecessary delays that often prolong trials. The use of forensic experts has been made mandatory in serious offences to enhance the quality and reliability of evidence. Moreover, the law stipulates specific time limits for the delivery of judgments after the completion of arguments, ensuring that justice is both timely and meaningful.
ARGUMENTS AND CRITICISMS
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is regarded as a significant advancement in the modernization of India’s criminal justice system. However, despite the ambitious claims of technology-enhanced justice and efficiency, numerous analysts and legal professionals have expressed substantial concerns regarding its true implications. A primary issue is that the BNSS appears to grant the police broader discretionary powers, especially concerning preventive measures such as detentions, surveillance, and data gathering. Although these actions are framed as means to bolster investigations and enhance safety, they may also pave the way for potential misuse or arbitrary enforcement. The legislation permits the police to gather voice samples, fingerprints, and digital information from individuals who have not been formally charged with any crime. This increase in authority, without equally robust checks and balances, threatens to compromise the fundamental principle that every person is presumed innocent until proven guilty. Another area of concern pertains to the federal structure of India. Criminal law and criminal procedure are included in the Concurrent List of the Constitution, which allows both the Centre and the States to legislate. However, given that the BNSS is a law enacted at the central level that impacts all states, some experts argue that it may shift the balance of power in favour of the Union government. Policing remains predominantly a state responsibility, and there is significant variation among states in terms of resources, manpower, and infrastructure. A uniform procedural law may not adequately address the unique circumstances of every region. For instance, what is effective in a highly digitized state such as Maharashtra or Tamil Nadu may not function as efficiently in states with less robust administrative frameworks. This intersection of central authority and state responsibility prompts critical inquiries regarding federalism and local autonomy within the justice system. The BNSS also significantly prioritizes technology; through e-FIRs, electronic summons, virtual hearings, and digital evidence. On the surface, this appears to represent a substantial advancement toward a transparent and efficient justice system. However, in a nation as diverse as India, this vision encounters practical obstacles. Numerous rural areas continue to grapple with inadequate internet connectivity, limited digital literacy, and fragile technical infrastructure. For individuals residing in remote or underdeveloped regions, navigating a digitized legal system may prove to be perplexing or even unfeasible. There is a legitimate concern that such reforms could inadvertently marginalize citizens who lack digital access, thereby creating an invisible divide between those who can engage with the system and those who cannot.
CONCLUSION
The BNSS, 2023 is another leap forward in the effort by India to bring its criminal justice system up to date. It aims to make justice more efficient, transparent, and citizen-friendly by introducing technology, forensic science, and stricter timelines in terms of procedures. Features such as e- FIRs, digital summons, video trials, and mandatory forensic investigations mark a major leap forward toward a technologically advanced justice system. However, the impact of such reforms would greatly depend on their implementation. Questions of increased police powers, federal friction, and digital divide raise serious questions about access and accountability. For the BNSS to be a truly transformative mechanism, these reforms must be embedded in strong institutional capacity, infrastructure, and protections for individual rights. In general, BNSS represents both evidence of India’s legal growth and modernization and has the potential to establish a more speedy, transparent, and effective system of delivery of justice.
