Published On: September 30th 2025
Authored By: Ramavath Rajkumar
Pendekanti law college
Abstract
The Bharatiya Nyaya Sanhita, 2023 (BNS) represents a rare moment in legal history: a complete reimagining of how India defines crime, conducts investigations, and safeguards citizen rights. Replacing the 163-year-old Indian Penal Code, it speaks the language of a modern democracy rather than that of a colonial administration. While headlines often focus on new offences and harsher penalties, the real change lies deeper—in the way the law demands accountability from police, embraces technology in evidence gathering, and shortens the long journey from complaint to judgment. This article, written in clear and simple English, explores those changes. It examines how digital integration, property seizure rules, and arrest safeguards will work in everyday policing, and how past judicial wisdom has subtly shaped the new framework. Through real-life examples—ranging from community-policing experiments in Kerala to digital crime scene documentation in Hyderabad—it shows how the BNS could become a turning point in restoring trust between citizens and the justice system. Challenges remain, from privacy risks to uneven infrastructure, but with proper implementation, the BNS could redefine justice for the next century.
The Bharatiya Nyaya Sanhita, 2023: Bringing Justice Into the 21st Century
A Law From the Present, Not the Past
When the Indian Penal Code was drafted in 1860, India was a vastly different place. There were no cybercrimes, no instant communications, and no expectation that justice should be both fast and transparent. Over time, the old law became a patchwork of amendments—functional in parts, but full of outdated ideas.
The BNS is not just a replacement; it is a shift in philosophy. It speaks to an India where crime can happen in seconds over a mobile network, where citizens record police conduct on their phones, and where public trust depends on openness as much as on punishment.
Turning Arrests Into Accountable Actions
For decades, arbitrary arrests have been a source of fear and resentment. The BNS puts strong brakes on this by requiring police to record, in writing, the reason for arrest, the rights given to the person, and the list of items seized.
A real-life example helps here. In 2021, a police station in Odisha voluntarily began giving arrestees a printed “rights sheet” in Odia and English. The practice reduced complaints of unlawful detention almost overnight. The BNS now makes such measures a legal obligation across the country.
Respecting Dignity in Custody
The new law ensures that the arrested person is informed immediately about the reason for arrest, told about their rights, and allowed to inform a family member or friend.
While this might sound basic, it is a big cultural shift. In 2019, a small police outpost in Kerala started a “Custody Visitor” program, where local volunteers were allowed to check conditions in holding cells. It improved both morale and behaviour on both sides. The BNS’s safeguards could normalise such transparency nationwide.
Forensic Evidence Becomes the Backbone
Under the old system, investigations often relied on verbal statements that could be retracted or altered. The BNS makes physical and digital evidence central to prosecution.
Take the case of Hyderabad’s 2022 pilot program for crime scene video documentation. Within six months, conviction rates for property crimes rose because juries and judges could see the actual crime scene, not just read about it. This is the type of transformation the BNS envisions across India.
The Eye in the Uniform: Body-Worn Cameras
Body cameras are no longer just a tool for traffic police in metros. The BNS supports their use during arrests, searches, and crowd control operations.
One striking incident occurred in Pune in 2020, where body camera footage cleared a constable of misconduct allegations. Without that footage, the officer’s career might have been ruined. Such technology protects both the public and honest officers.
Justice Without Paper Walls
The BNS embraces digital processes: – Summons can be sent via SMS or email. – Witness statements can be taken over secure video calls. – Medical reports can be shared digitally between hospitals and police stations.
In Nagaland, a district court tested a similar system for domestic violence cases. Victims could give testimony via video, avoiding the trauma of facing their abuser in court. The BNS makes this efficiency possible nationwide.
Crime Should Never Pay
The BNS strengthens rules for confiscating property bought with illegal earnings. This hits organised crime where it hurts most—the wallet.
In 2018, Mumbai police auctioned luxury cars seized from a major fraud case, using the funds to compensate victims. The BNS aims to make such outcomes faster and more routine.
Technology With Guardrails
Powerful tools can be abused without strict rules. The BNS requires that digital evidence be stored securely, with clear rules for who can access it and how long it can be kept.
This addresses public fears. For example, in 2021, leaked CCTV footage from a police lock-up in north India went viral, raising questions about privacy. The BNS insists on protocols to prevent such breaches.
The Human Side of Reform: Training
A law is only as good as the people who enforce it. The BNS places clear responsibility on states to train police in: – Using digital and forensic tools. – Handling sensitive cases with care. Understanding constitutional rights.
One example is Rajasthan’s Police Training Academy, which now uses simulation rooms to teach officers how to handle cybercrime, crowd control, and gender-sensitive investigations. Such innovations will be essential for the BNS to succeed.
Hurdles That Could Slow Progress
Ambition alone is not enough. The BNS faces real challenges: – Rural police stations with no reliable internet. – Officers who are unfamiliar with digital evidence handling. – Risk of misuse of surveillance tools without oversight. – Low public awareness of the new rights under the BNS.
These are solvable problems, but only if addressed early.
Learning From the World, Adapting for India
Other countries have learned that technology needs strict usage rules. In the UK, body camera policies specify exactly when the camera must be on, and failure to comply can void evidence. In South Africa, digital summons worked only after a parallel system was created for those without internet access.
India can adapt these lessons, making sure reforms do not widen the gap between urban and rural justice.
Four Steps to Make the BNS Work
- Fund the transition—equipment, training, and infrastructure cannot be an afterthought.
- Independent oversight—citizen boards or retired judges should review arrest and evidence-handling records.
- Public awareness campaigns—rights mean little if people don’t know them.
- Clear privacy codes—digital tools must be used for justice, not control.
Why This Law Matters
The BNS is more than a set of new offences and punishments. It is an attempt to change the culture of policing—from secrecy to openness, from verbal claims to verifiable proof, from fear to fairness.
If it succeeds, citizens will no longer see the police station as a place of intimidation but as a gateway to justice.
Conclusion
The Bharatiya Nyaya Sanhita, 2023 has the potential to become one of the most transformative legal reforms in independent India. It replaces colonial-era ideas with a democratic, digital framework. It strengthens accountability, modernises evidence collection, and shortens the long wait for justice.
The road ahead will demand investment, training, and vigilance. But if implemented in both letter and spirit, the BNS could redefine justice for the next century—making it faster, fairer, and more transparent for every citizen, in every corner of the country.
