Published on: 15th January 2026
Authored By: Maansi Gupta
St Joseph's College of law
Abstract
India’s criminal justice system has undergone a transformative overhaul with the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the colonial-era Code of Criminal Procedure (CrPC), 1973. This essay examines the historical context necessitating this reform, analyzes the key innovations introduced by the BNSS—including digital integration, time-bound justice delivery, victim and witness protection, reformed police powers, gender justice provisions, and community policing mechanisms—and evaluates the implementation challenges facing this ambitious legislative transformation. The BNSS, effective from July 1, 2024, represents a paradigm shift toward a decolonized legal framework that prioritizes citizen protection, technological advancement, and efficient justice delivery while aligning with constitutional values and contemporary societal needs.
Introduction
India’s criminal justice system has undergone a transformative overhaul with the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the colonial-era Code of Criminal Procedure (CrPC), 1973. This historic reform represents a paradigm shift in India’s approach to criminal law, moving away from legislation drafted during British rule toward a framework rooted in Indian values and contemporary legal requirements. The BNSS, along with the Bharatiya Nyaya Sanhita (replacing the Indian Penal Code) and the Bharatiya Sakshya Adhiniyam (replacing the Indian Evidence Act), forms part of a comprehensive restructuring of India’s criminal legal framework. These reforms came into effect on July 1, 2024, marking a new era in Indian criminal jurisprudence.
Historical Context and Need for Reform
The Code of Criminal Procedure was enacted in 1973, but its origins trace back to the colonial period when the primary objective was to maintain control rather than ensure justice. For decades, legal scholars, practitioners, and civil society have advocated for reforms that would make the criminal justice system more accessible, efficient, and aligned with constitutional values. The colonial-era laws were criticized for being cumbersome, outdated, and incompatible with modern technological advancements and evolving societal norms.
The transformation to BNSS reflects a conscious effort to decolonize India’s legal framework and create a system that prioritizes the protection of citizens’ rights while ensuring swift and fair justice. The reforms acknowledge that procedural law is not merely technical but fundamentally shapes how justice is delivered and experienced by ordinary citizens.
Key Features and Innovations of BNSS
Digital Integration and Technological Advancement
One of the most significant innovations in the BNSS is its emphasis on digitalization and technology integration. The new law mandates the use of electronic communication for filing complaints, conducting trials, and recording evidence. Video conferencing for court proceedings has been explicitly recognized, allowing for remote testimony and hearings, which can significantly reduce delays and improve access to justice, particularly in rural areas.
The BNSS also provides for electronic service of summons and notices, which can expedite legal processes that were previously hindered by physical delivery challenges. Digital case management systems are envisioned to track cases efficiently, reducing the notorious backlog that has plagued Indian courts for decades. These technological provisions represent a forward-thinking approach to modernizing the criminal justice system.
Time-Bound Justice Delivery
The BNSS introduces several provisions aimed at ensuring speedy justice, which is a constitutional right under Article 21 of the Indian Constitution. The law prescribes specific timelines for various procedural stages, from investigation to trial completion. For instance, investigations must be completed within stipulated periods, and charge sheets must be filed promptly to prevent indefinite detention.
The legislation also addresses the issue of prolonged trials by encouraging courts to conclude proceedings within reasonable timeframes. These time-bound provisions are designed to reduce the suffering of undertrials and ensure that justice delayed is not justice denied. The emphasis on expeditious proceedings represents a significant shift toward victim-centric and efficiency-oriented criminal justice.
Victim and Witness Protection
The BNSS places considerable emphasis on protecting the rights and dignity of victims and witnesses. The law includes provisions for victim compensation, ensuring that those who suffer from crimes receive some form of financial relief and recognition of their suffering. This victim-centric approach acknowledges that the criminal justice system must address not only the punishment of offenders but also the rehabilitation and support of affected individuals.
Witness protection mechanisms have also been strengthened under the BNSS. Recognizing that witness intimidation and threats often undermine prosecutions, the new law provides for protective measures including identity concealment and relocation when necessary. These provisions are particularly crucial in cases involving organized crime, terrorism, and sensitive offenses where witnesses face genuine threats.
Reformed Police Powers and Accountability
The BNSS recalibrates police powers, seeking to balance the need for effective law enforcement with the protection of individual liberties. While the police retain necessary investigative authority, the new law introduces greater accountability mechanisms and safeguards against abuse of power. The provisions relating to arrest have been refined to prevent arbitrary detention and ensure that arrests are made only when genuinely necessary.
The legislation also mandates more transparent and accountable investigation procedures, with requirements for documented reasoning and regular updates on investigation progress. This transparency is designed to build public trust in law enforcement while ensuring that investigations are conducted professionally and impartially.
Gender Justice and Special Provisions
Responding to growing concerns about crimes against women and children, the BNSS incorporates special provisions to ensure sensitive handling of such cases. The law mandates that statements from victims of sexual offenses be recorded by female police officers or magistrates, ensuring dignity and reducing trauma. The legislation also provides for in-camera trials in certain cases to protect the privacy of victims.
These gender-sensitive provisions reflect an evolving understanding of how procedural law can either reinforce or challenge existing social inequalities. By building protection mechanisms into the procedural framework, the BNSS aims to create a more accessible and supportive environment for vulnerable complainants.
Community Policing and Alternative Dispute Resolution
The BNSS recognizes the importance of community involvement in maintaining law and order and resolving disputes. The law encourages community policing initiatives that bring law enforcement closer to the people they serve, potentially reducing crime and improving police-community relations. This approach acknowledges that effective criminal justice requires partnership between institutions and citizens.
Additionally, the legislation expands the scope for alternative dispute resolution mechanisms, particularly for compoundable offenses. By encouraging settlements in appropriate cases, the law aims to reduce the burden on courts while providing quicker resolution for parties involved in minor disputes. This pragmatic approach recognizes that not all conflicts require full criminal prosecution.
Challenges in Implementation
Despite its progressive provisions, the implementation of BNSS faces several challenges. The digital infrastructure required for full technological integration is not uniformly available across India, particularly in rural and remote areas. Ensuring adequate training for police, prosecutors, judges, and other stakeholders is essential but requires significant resources and time.
The shift from established colonial-era procedures to new frameworks also creates a transitional period where interpretation and application may vary, leading to potential inconsistencies. Legal practitioners must familiarize themselves with new provisions, and courts must develop jurisprudence interpreting the reformed law. This transitional phase requires careful management to ensure that the reforms achieve their intended objectives without creating new complications.
Resource constraints, including insufficient court infrastructure and personnel shortages, may impede the realization of time-bound justice delivery. While the law prescribes deadlines, the practical capacity of the system to meet these timelines remains a concern. Addressing these infrastructural challenges is crucial for the success of the reforms.
Conclusion
The Bharatiya Nagarik Suraksha Sanhita represents a bold and necessary step toward modernizing India’s criminal justice system. By replacing colonial-era legislation with a framework designed for contemporary India, the BNSS seeks to deliver justice that is swift, accessible, fair, and sensitive to the needs of all stakeholders. The emphasis on technology, victim protection, accountability, and efficiency addresses longstanding weaknesses in the criminal justice system.
However, the success of these reforms ultimately depends on effective implementation, adequate resource allocation, and sustained commitment from all actors in the criminal justice system. As India embarks on this transformative journey, continuous evaluation and adaptation will be necessary to ensure that the promise of reformed criminal procedure translates into lived reality for millions of citizens. The BNSS offers hope for a more just and efficient criminal justice system, but realizing this vision requires collective effort and unwavering dedication to the principles of justice and the rule of law.
