Published On: August 25th 2025
Authored By: SOUNDHARYA I
GOVERNMENT LAW COLLEGE, RAMANATHAPURAM
ABSTRACT
The Criminal Law Reforms of 2023, particularly through the Bharatiya Nagarik Suraksha Sanhita (BNSS), represent a major step in modernizing India’s justice system. Replacing the outdated Criminal Procedure Code of 1973, the BNSS introduces significant procedural updates, such as electronic communication, community service, regulated use of handcuffs, and enhanced victim rights. It integrates technology into trials and investigations, aiming for greater transparency, efficiency, and public trust. These reforms reflect a shift from colonial legacies toward a citizen-centric approach. The new provisions strive to ensure timely justice and uphold fundamental rights, making the criminal process more accessible and accountable.
INTRODUCTION
In India, numerous laws are reformed from time to time, but a major change in criminal laws was introduced in 2023 by the Parliament. This change has been welcomed by lawyers, advocates, jurists, and justices. The majority of criminal laws were enacted during the British period, and as times have changed, the laws also need to change. In the Indian judiciary system, the essence of criminal procedure law is the Criminal Procedure Code of 1973, which has now been replaced by the Bharatiya Nagarik Suraksha Sanhita. In this article, we will examine the main changes made in the BNSS.
BHARATIYA NAGARIK SURAKSHA SANHITA (2023)
Before we examine the reform, we need to understand the importance of the changes in the Criminal Procedure Code of 1973. The main reason stated by the legislature is that the CrPC was enacted in 1861 and is still used by the Indian judiciary today. Even though many amendments have been made by Parliament, it is still considered a British law. Another main reason is that the judiciary has introduced many rules related to bail, FIRs, video recording of the statement and other proceedings.
NEWLY INTRODUCED SECTIONS IN BNSS
In BNSS, 49[1] sections have been newly inserted which include definition clauses. Most of the newly introduced sections are focus on technology and its use on criminal laws. The remaining provisions, which were already followed by the courts, are now in legal form. Each new section has its own the judicial history thus, in this article we will explore the main reform in BNSS and their background.
SENTENCES
In India, the sentences are primarily focused on imprisonment, fine or in rare cases it is death penalty. However, community service has now been introduced as a punishment in section 23(3) of BNSS, 2023[2]. The first class magistrate or the second class magistrate may pass this sentence.
Before the BNSS introduced the community service as punishment, the Andra Pradesh Government initiated this method under the Community Service of Offenders Act 2010[3]. This act was enacted for the purpose of reducing the overcrowding in the prisons. And in Juvenile Justice Act 2015 also includes this method of punishment[4].
USE OF HANDCUFF
The Hon’ble Supreme Court in most cases has restricted to use of handcuffs for taking to and from court for trail, as it violates the Article 21[5]of fundamental right of the constitution. This was upheld in the landmark judgment of Sunil batra vs Delhi Administration (1978)[6].
The use of handcuff had been a subject of debate of the humanitarian rights, which has now comes end that where the handcuff shall use and it is detailed in the section 43(3) of the BNSS. the handcuff shall use to the person who are the habitual or repeat offender, or who escaped from custody or who has committed organized crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, aid attack, counterfeiting coins and currency notes, trafficking, sexual offence against child and offence against state[7].
SERVICE OF SUMMON THROUGH ELECTRONIC COMMUNICATION
Summon are generally served by the service officers, who can be a police officer, officer of the court, public servant. Previously, electronic communication was not included as the proof of service of summon. However, the BNSS has introduced the section 51(3) includes the electronic communication under sections 64 to 71[8] shall be a proof of services of summons when the service officer is not present[9].
GUIDELINES TO THE ARREST OUTSIDE OF JURISDICTION
In the case of Sandeep Kumar vs state (Government of NCT of Delhi)[10], the court approved the inter-state arrests guidelines presented by the committee formulated for this matter. The committee comprised of justce S. P. Garg and Ms. Kanwalijeet Dwol. This committee recommended that when an arrest is made outside its jurisdiction, the authority should inform the competent local authority.
Currently, in section 82(2) of the BNSS introduces the provision to resolve this issue, stating that the police officer shall forthwith give the information to the designated police officer in the district where the arrested person resides[11].
RECORDING OF SEARCH AND SEIZURE THROUGH AUDIO-VIDEO
The police officer have exclusive power to search and seize the evidence with the authority of law, however this power can be misused by the officers. To enhance the transparency, the BNSS introduced a section related to strengthening evidence under section 105. It clearly states that the search and seizure list shall be recorded through audio-video electronic preferably by mobile and it must forward to the District magistrate, sub-divisional Magistrate or judicial magistrate of the first class without delay[12].
INFORM THE PROGRESS OF THE INVESTIGATION TO THE VICTIM
In generally assembly resolution on human right, the Declaration of Basic Principles of Justice for Victims of Crimes and Abuse of Power grants victims the right to be informed about the progress of investigation[13].
In BNSS, this is included under section 193(3)(ii), which is clearly stated that the police officer shall, within 90 days, inform the progress of the investigation through electronic communication to the informant or the victim[14].
WITNESS PROTECTION
The witness protection is mandatory to remove the fear of the witnesses and encourage them to come forward voluntary to testify in court. The witness protection related judgment and laws are already existing in India, such as Witness Protection Scheme, 2018, the Witness Protection Act, 2023. These scheme or laws are reinforced by landmark judgment ensure the witness protection including Swaran Singh Vs State of Punjab[15], Dhanraj And Ors. Vs State of Maharashtra[16] and State of Madhya Pradesh Vs Balveer singh[17].
In BNSS it is incorporates this under section 398, which ensure the establishment of witness protection scheme. Every state Government shall prepare and notify a witness Protection Scheme to ensure protection of the witnesses[18].
MERCY PETITION
The mercy petition already exists in the Indian judiciary system under Article72 and Article 161 of Indian Constitution. The BNSS provides a time period for submitting a mercy petition to Governor the 30 days of the date of court’s order and 60 days for the mercy petition to the president. The Central Government is requires to communicate the president decision to the State Government and the Superintendent of the jail within 48 hours of the decision. In mercy petition, president’s decision is final[19].
TRIAL AND PROCEEDING TO BE HELD IN ELECTRONIC MODE
All trial, inquires, and proceedings under this Act may be held in electronic mode to ensure the transparency and speedy conduct of proceedings under 530 of the BNSS[20].
OVERALL CHANGES IN CRIMINAL LAW AND HOW IT IMPACTS THE SOCIETY
The modifications introduced by the recent criminal laws represent a significant advancement towards creating a more efficient and citizen-focused justice framework. By integrating digital processes, establishing time-bound investigations, enhancing victim protection, and promoting community-based penalties, these reforms seek to minimize delays and widen access to justice. The focus on technology and transparency has the potential to restore public confidence in the criminal justice system. Nevertheless, the actual effectiveness of these changes will hinge upon their implementation across various regions. When executed with dedication, these reforms can lead to quicker justice delivery, uphold constitutional principles, and considerably fortify the rule of law within Indian society.
CONCLUSION
The overall impact of the BNSS lies in its potential to transform the criminal justice system into one that is efficient, transparent, and people-friendly. By introducing structured timelines, digital procedures, and victim-focused safeguards, the reforms aim to address long-standing issues like trial delays and misuse of power. While the law is progressive in intent, its real success depends on effective ground-level implementation, especially in rural and under-resourced areas. Public awareness, legal education, and training of officials are essential to realize its goals. If executed properly, these reforms can significantly strengthen the rule of law and promote trust in legal institutions.
REFERENCES
[1] Bharatiya nagarik suraksha sanhita, 2023
[2] Section 23 of the BNSS
[3] Community Service of Offenders Act 2010
[4] Setion 18(1)( c) of the juvenile justice act 2010.
[5] Article 21. Protection of life and personal liberty. Indian constitution, 1950.
[6] (1978) 4 SCC 494
[7] Section 43(3) of the BNSS
[8] Section 64 to 71 of the BNSS
[9] Section 51(3) of the BNSS
[10] 2019 SCC online Del 11901
[11] Section 82(2) of the BNSS
[12] Section 105 of the BNSS
[13] 1985 general assembly resolution
[14] Section 193(3)(ii) of the BNSS
[15] (2000) 5 SCC (Cri) 190.
[16] AIR 2002 SUPREME COURT 3302
[17] Criminal Appeal No. 1669 of 2012
[18] Section 398 of BNSS
[19] Section 472 of BNSS
[20] Section 530 of the BNSS
