POLICING IN THE AGE OF THE BHARATIYA NAYAYA SANHITA: PROCEDURAL INNOVATIONS AND IMPLEMENTATION CHALLENGES

ABSTRACT

The Indian Penal Code (1860) has been replaced with the Bharatiya Nyaya Sanhita, 2023 (“BNS”), which is one of the pillars of the government’s comprehensive criminal law overhaul. Along with the Bharatiya Nagarik Suraksha Sanhita (procedural law) and the Bharatiya Sakshya Adhiniyam (evidence law), the legislative reform package promises modernisation through mandatory crime-scene videography, victim-centric measures, digitisation, enhanced forensic participation, and procedural timelines meant to increase accountability and decrease delays. This article analyses how the BNS and associated laws have changed police practice and criminal procedure in India, assesses early implementation strategies, identifies constitutional and practical issues, and makes suggestions to guarantee that the law as it is written and as it is applied.

INTRODUCTION

As part of a tripartite legislative effort, the Bharatiya Nyaya Sanhita, 2023 (BNS) was introduced to replace three long-standing colonial statutes—the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872—and was enacted as Act No. 45 of 2023. Parliamentary legislation officially created the BNS in December 2023, following a period of administrative preparation and state-level discussions. The new criminal laws, which include the rules of procedure and evidence, went into effect on July 1, 2024[1].
The stated objectives of the government were twofold: (a) to update outdated terminology, definitions, and classifications that were based on a colonial criminal system; and (b) to implement procedural and technical mandates that bring investigative and trial procedures in line with modern expectations of transparency, victim protection, and evidence integrity. The changes were intended to “bring changes in both these fundamental aspects — punishment and justice delivery,” according to key administrative releases and the Ministry of Home Affairs (MHA) note.
Additionally, the BNS reflects a policy change towards victim-centred justice by streamlining complaint procedures, establishing statutory investigation timelines, requiring videography of specific processes, and incorporating measures for greater forensic participation. The emphasis on digital integration, from electronic FIR registration to centralised evidence repositories, indicates an attempt to establish a more standardised, auditable, and effective criminal justice system throughout India’s varied jurisdictions.
The substitution of laws that are more than 160 years old is also symbolic, as it reflects a deliberate legislative effort to break free from colonial legal tradition and embrace laws “made in India, for India.” This change, however, is more than just symbolic; it has major operational ramifications for forensic facilities, police agencies, prosecutors, and the courts. Therefore, it is important to view the BNS not just as a legal document but as a tool for procedural and structural change whose success will depend on ongoing oversight in its implementation, institutional coordination, and capacity development[2].

PRINCIPAL PROCEDURAL REFORMS AFFECTING POLICING

The new criminal statutes contain a number of provisions that are immediately applicable to police departments’ daily operations[3]. Four interconnected domains can be used to group the reforms: (A) e-processes and digitisation; (B) forensic and crime-scene protocols; (C) timeliness and custodial protections; and (D) transparency and evidence management

1. Electronic processing and digitisation– In many situations, the new laws establish electronic service of process, electronic summons, and e-FIR/online reporting. States have acted quickly to provide digital infrastructure for electronic police report filing, witness examination portals, and summonses. Creating tamper-resistant audit trails and minimising frictional delays (such in servicing processes and recording statements) are the goals of such procedures.
2. Forensic and crime scene Protocol – The mandated recording of the crime scene and the collection process, as well as the statutory requirement for forensic participation in serious offences, are among the most significant procedural modifications. To minimise tampering and improve the reliability of the evidence, the evidence statute mandates that crime-scene procedures be videotaped and uploaded to specific state/national systems (with victim privacy provisions). Provisioning forensic vans and mobile forensic teams to respond to incidents deemed “serious” by the statute are examples of early operational procedures.
3. Timeliness and custodial safeguards – The new procedural framework tightens deadlines for both the advancement of investigations and production before a magistrate. Courts are now applying the stricter statutory limitations. Recent case law indicates active judicial oversight by demonstrating the readiness of judges to throw aside custody or remand orders when the statutory 24-hour norms are violated.
4. Transparency and evidence – Digital evidence preservation, chain-of-custody procedures through centralised systems (such as CCTNS integration), and uniform documentation of searches and seizures are all prioritised in the integrated statutory scheme. States are testing or expanding investments in body-worn cameras, smartphone apps for taking statements, and centralised digital repositories.

PRACTICAL AND INSTITUTIONAL IMPACT ON POLICING

These statutory innovations have immediate implications for policing structures and daily practice.

1. Operational re-tooling: Police forces must acquire forensic vans, body-worn cameras, digital evidence management systems and training programmes for forensic procedure and digital capture. Several states have launched procurement and training drives; for instance, Haryana reported drastic upticks in e-summons and e-recording metrics and large-scale upskilling of personnel.
2. Role redefinition – Investigators and Forensic experts: The legal requirement for forensic teams to be present at major crime sites rebalances investigative responsibility; rather than being the sole custodians of scene management, investigators now work alongside forensic experts. This can raise the quality of evidence, but it also places logistical and scheduling demands on overburdened forensic laboratories.
3. Accountability procedures: Courts and oversight agencies can use the ex-post audit trails produced by mandated videography and digital records to assess police behaviour (search, seizure, arrest). This enhances procedural responsibility while simultaneously increasing the stakes for police officers who must adhere to processes that are mediated by technology[4].
4. Accountability mechanisms: Digital records and obligatory video provide ex-post audit trails that courts and supervisory authorities may use to examine police behaviour (search, seizure, arrest). This not only enhances procedural responsibility but also raises the stakes for cops who have to follow technologically mediated procedures.
5. Regular police work: The digitisation of routine tasks (such as summons and non-cognisable complaints) might free up resources but also temporarily increase workloads during the transition (such as data entry, uploads, and assigned custodial protocols), especially in areas where connectivity or equipment is unreliable.

EARLY IMPLEMENTATION: CASE STUDIES AND REPORTS

A useful evaluation of impact needs to consider early implementation indicators:

Forensic vans from Nashik: According to local reports, municipal and police administrations are making deliberate efforts to supply mobile forensic units in accordance with BNS/BSA requirements for on-the-scene forensic presence and videography[5]. The willingness of the executive to pay for the logistical infrastructure necessary for the legislation to succeed is shown by this[6].

Haryana’s state digital information: The administrative reporting in Haryana shows that over 90% of summons were served electronically, a great volume of searches and seizures were digitally documented, and thousands of people were trained on the new laws, which is encouraging evidence of administrative capacity building. Still, realistic issues are the honesty of electronic records and the unbiased nature of forensic investigations Telangana High Court’s decision to overrule a remand order for violating the 24-hour production standard shows judicial and prosecutorial awareness and implies that the courts are teething procedural safeguards by upholding the new timeframes.

CRITICAL ASSESSMENT: ADVANTAGES AND POSSIBLE RISKS

ADVANTAGES

Increased evidentiary integrity- Mandated videography and forensic presence help minimise the possibility of evidence tampering and allow courts to recreate the steps of the investigation. This leads to more equitable trials and more robust convictions/acquittals based on more well-preserved facts.

Approach centred around the victim:  Online complaint procedures and e-FIRs remove obstacles to reporting and may be especially helpful in cases of gender-based or domestic violence, where victims may be afraid to report in person. Additionally, procedural timetables aim to reduce prolonged pretrial detention

Strengthened Judicial Oversight: According to the Bharatiya Nyaya Sanhita (BNS) and associated legislation, the courts have verifiable evidence of police conduct thanks to the procedural timelines, digital audit trails, and required documentation. This strengthens the judiciary’s capacity to identify procedural errors (like illegal arrest or illegal search) and uphold constitutional protections. 5. Enhanced Inter-agency Coordination.

Improved Inter-agency Coordination: Police, prosecutors, and forensic units can exchange evidence and updates in real time thanks to the integration of digital platforms like the Crime and Criminal Tracking Network & Systems (CCTNS). By lowering the risk of evidence loss during transfers, this might speed up the timeline from investigation to trial.

Deterrence Against Misconduct: Body-worn cameras, mandatory videography, and tight chain-of-custody regulations all contribute to the transparency that can deter custodial violence, evidence manipulation, or procedural shortcuts. The fact that conduct is documented and may be reviewed encourages adherence to certain norms of behaviour[7].

PITFALLS AND CHALLENGES

Resource and Capacity constraints: Costly and unequally distributed are forensic infrastructure (labs, vans, specialists), reliable network connectivity for uploads, and ongoing training of rank-and-file staff. Without these resources, legal regulations run the risk of becoming merely symbolic and burdening local officers without improving the calibre of investigations.

Privacy and Data governance: Crucial privacy and data-protection issues are brought up by required videography, digital repositories, and central uploads: how long will data be kept, who will have access, and what protections are in place against misuse or leaks? A clear legal framework for sensitive evidentiary data is still required, even though the new legislation calls for integration with data systems.

Procedural rigidity Vs. investigative exigency: Statutory timelines and mandatory steps aim to curb arbitrariness, but excessive rigidity could hamper legitimate investigative flexibility in complex, time-sensitive situations. Courts will need to calibrate strict compliance with allowance for bona fide operational exigencies.

Training and Cultural change: Established policing cultures cannot be changed by legal reform alone. Translating statutory intent into everyday practice requires independent oversight, performance criteria that align with procedural quality (not just convictions), and ongoing capacity building.

Digital Divide and Accessibility Issues: Although digital evidence management, online complaint portals, and e-FIRs promise efficiency, they also run the risk of excluding witnesses and victims who live in remote or low-connectivity locations or who lack digital literacy. The improvements may inadvertently widen access gaps in the legal system if aggressive outreach and equivalent offline methods are not implemented.

RECOMMENDATIONS

• Forensic labs, mobile units, and body cams for disadvantaged states should be given priority by central finances, with varying compliance goals linked to training standards.
• A separate national accreditation system for forensic labs and units will assist in guaranteeing consistent quality and lower the possibility that evidence will be rejected by the court due to procedural errors.
• Legislation or administrative adoption must provide explicit guidelines for storage, access, retention durations, mandatory disclosure, and redaction to protect victim privacy, all of which must be connected to current data-protection frameworks.
• For police, prosecutors, and judges, ongoing legal education modules on evidence law, digital forensics, and chain-of-custody, including iGOT-style platforms, will be essential.
• To look into systemic non-compliance and rights abuses that occur throughout the transition, develop independent complaint procedures (state police complaint authority, strengthened NHRC/SHRC functions).

CONCLUSION

India’s criminal justice system is being modernised ambitiously by the Bharatiya Nyaya Sanhita and its accompanying procedural and evidence statutes. Its procedural reforms, which include statutory videography, required forensic interaction, digitisation, and stricter timelines, have the potential to increase victim access, improve investigative integrity, and enhance policing’s accountability. Courts have started enforcing the new procedural safeguards, and early implementation signs (procurements, training, and pilot programs) point to commitment at the federal and state levels. On paper, though, reform needs to be accompanied by funding, independent oversight, ongoing training, and governance structures for sensitive digital evidence.

REFERENCE

1. Saloni Shikha, The Bharatiya Nyaya Sanhita, 2023: Evaluating its Impact on Police and Procedural Reforms, (The Legal Quorum, 05th August 2025), < https://thelegalquorum.com/the-bharatiya-nyaya-sanhita-2023-evaluating-its-impact-on-police-and-procedural-reforms-2/> Accessed 08 August 2025
2. SHAKTISINH V. PARMAR, The Bhartiya Nyaya Sanhita, 2023: An Analysis of Its Impact on the Indian Criminal Justice System, International Journal of Research Publication and Reviews, Vol (6), Issue (4), April (2025), Page – 13514-13516
3. Reforming The Indian Penal Code: Insights into Bharatiya Nyaya Sanhita, 2023,( Lexisnexis, January 15, 2025) < https://www.lexisnexis.in/blogs/bharatiya-nyaya-sanhita-2023//> accessed 09 August 2025
4. Nasik city police to soon get two new forensic vans, Times of India, < https://timesofindia.indiatimes.com/city/nashik/nashik-city-police-to-soon-get-two-new-forensic-vans/articleshow/122800515.cms?utm_source=chatgpt.com > accessed 10 August 2025
5. Kush V Trivedi,Bhartiya Nyaya Sanhita: India’s new transformative criminal law, International Journal of Law, Volume 11, Issue 4, 2025, Page No. 1-6
6. KS Akhil Kumar, The Bhartiya Nyaya (Second) Sanhita 2023: An Integrated Perspective-A Comprehensive Study and Analysis, Jus Corpus LJ 4, 350, 2023

[1] Mr. SHAKTISINH V. PARMAR, The Bhartiya Nyaya Sanhita, 2023: An Analysis of Its Impact on the  Indian Criminal Justice System, International Journal of Research Publication and Reviews, Vol (6), Issue (4), April (2025), Page – 13514-13516

[2] Saloni Shikha, The Bharatiya Nyaya Sanhita, 2023: Evaluating its Impact on Police and Procedural Reforms , (The Legal Quorum, 05th August 2025), < https://thelegalquorum.com/the-bharatiya-nyaya-sanhita-2023-evaluating-its-impact-on-police-and-procedural-reforms-2/> Accessed 08 August 2025

[3] Reforming The Indian Penal Code: Insights into Bharatiya Nyaya Sanhita, 2023,( Lexisnexis, January 15, 2025) < https://www.lexisnexis.in/blogs/bharatiya-nyaya-sanhita-2023//> accessed 09 August 2025

[4] Mr. SHAKTISINH V. PARMAR, The Bhartiya Nyaya Sanhita, 2023: An Analysis of Its Impact on the Indian Criminal Justice System, International Journal of Research Publication and Reviews, Vol (6), Issue (4), April (2025), Page – 13514-13516

[5] Nasik city police to soon get two new forensic vans, Times of India, < https://timesofindia.indiatimes.com/city/nashik/nashik-city-police-to-soon-get-two-new-forensic-vans/articleshow/122800515.cms?utm_source=chatgpt.com > accessed 10 August 2025

[6] Kush V Trivedi,Bhartiya Nyaya Sanhita: India’s new transformative criminal law, International Journal of Law, Volume 11, Issue 4, 2025, Page No. 1-6

[7] KS Akhil Kumar, The Bhartiya Nyaya (Second) Sanhita 2023: An Integrated Perspective-A Comprehensive Study and Analysis, Jus Corpus LJ 4, 350, 2023