The Bharatiya Nyaya Sanhita, 2023: Evaluating Its Impact on Police and Procedural Reforms

Abstract

The Bharatiya Nyaya Sanhita (BNS), 2023, replaces the Indian Penal Code (IPC), along with two other new laws — Code of Criminal Procedure to the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Indian Evidence Act to Bharatiya Sakshya Adhiniyam (BSA)—it seeks to modernize India’s criminal justice system. The BNS focuses on fairness rather than just punishment, eliminating outdated provisions and introducing new sections for contemporary legal needs. These reforms aim to make legal processes more efficient, promote technology in investigations, and strengthen police accountability. However, challenges such as training shortages and resource limitations may impact implementation. A key concern is extended police custody, which could affect individual rights. Changes in evidence laws and digital trials also raise questions about fair procedures. While removal of sedition laws and improvements in victim protections are positive, the success of these changes depends on proper enforcement. Overall, the new criminal laws promise efficiency and fairness but require careful execution.

Introduction

The Bharatiya Nyaya Sanhita (BNS), 2023, replaces the old Indian Penal Code (IPC), which was introduced in 1860 during British rule. This change, along with the introduction of two other laws—the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA)—aims to modernize India’s criminal justice system. The primary goal of these reforms is to make justice more efficient, fair, and accessible. The BNS shifts the focus from mere punishment to fairness, removing outdated rules and simplifying legal provisions. Some sections have been removed, while new ones have been introduced to address contemporary challenges. The impact of these changes will depend on their implementation and interpretation. [1]

A significant transformation is expected in police procedures and legal processes. The new laws encourage technology-driven investigations, faster police actions, and better protection of victims’ rights. However, challenges such as lack of training, resource shortages, and delays in adapting to the new system persist. As these laws came into effect on July 1, 2024, ensuring proper implementation while respecting constitutional values remains crucial. There are concerns about how older cases will be handled under the new system. The BNS introduces provisions to tackle serious crimes such as terrorism and organized crime, aiming to strengthen law enforcement. Overall, these reforms promise a more efficient criminal justice system, but their success depends on effective execution and adaptation by legal authorities. [1]

Past Structures vs Future Innovation Reforms

The Indian Penal Code (IPC), enacted in 1860, served as the foundation of India’s criminal law, defining the roles and responsibilities of public servants, including police officers. Section 21 of the IPC established the definition of a public servant, while Section 166 outlined consequences for public servants who disobey the law.

However, these provisions have been criticized for lacking strong accountability measures. In response, the Bharatiya Nyaya Sanhita (BNS), introduced in 2023, aims to modernize and strengthen India’s criminal laws. Section 2(28) of the BNS redefines the term “public servant,” offering a clearer and possibly broader scope to reflect contemporary governance, while Section 198 enhances accountability by addressing cases where public servants fail to follow legal directions. Compared to the IPC, the BNS seeks to provide more comprehensive guidelines to improve police responsibility and uphold lawful conduct more effectively. [2,3]

The Prakash Singh & Ors. Vs. Union of India & Ors. (2006) case was a major step toward police reforms in India. The Supreme Court ordered the creation of a State Security Commission to reduce political interference in policing. The Bharatiya Nyaya Sanhita (BNS), 2023, builds on this by introducing measures that improve police accountability and independence, ensuring more transparent and fair policing. 

The Code of Criminal Procedure (CrPC), enacted in 1973, serves as a vital companion to the Indian Penal Code (IPC) by outlining the procedural framework for criminal investigations. Section 154 ensures that police promptly record information about serious crimes, while Section 197 grants protection to judges and public servants by requiring government approval before prosecuting them for actions taken in their official capacity. These provisions aim to balance law enforcement duties with safeguards for officials. In 2023, the Bharatiya Nagrik Suraksha Sanhita (BNSS) was introduced to modernize and enhance procedural laws, replacing the CrPC with streamlined and updated provisions. The essence of Section 154 and Section 197 from the CrPC has been retained in BNSS as Section 173 and Section 218, respectively, with key amendments that strengthen oversight mechanisms and improve police accountability. These revisions ensure that investigative processes are more transparent and efficient while maintaining necessary protections for public servants, marking a shift toward a more responsive and effective criminal justice system. [2,3]

The Arnesh Kumar Vs. State of Bihar & Anr. (2014) case focused on preventing arbitrary arrests and unlawful detention by ensuring strict adherence to legal procedures. The Supreme Court emphasized the need for fair arrest practices to prevent misuse of police authority. Building on these principles, the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, introduces stronger procedural safeguards for arrests and detentions, reinforcing accountability and protecting individuals from potential abuse of power. 

The Indian Evidence Act, enacted in 1872, laid the foundation for determining the admissibility of evidence in court, particularly evidence collected by law enforcement. Section 25 ensures that confessions made to police officers cannot be used as valid evidence, safeguarding individuals from coercion, while Section 27 allows specific information from an accused to be admitted if it leads to significant discoveries. These provisions reflect the judiciary’s cautious approach to handling evidence obtained by the police, considering past concerns about forced confessions and misconduct. In 2023, the Bharatiya Sakshya Adhiniyam was introduced to modernize evidence laws, incorporating technological advancements and stronger human rights protections. Sections 25 and 27 of the Indian Evidence Act have been revised into Section 23(1) and Section 23(2) of the new law, reinforcing the integrity of evidence and enhancing safeguards against custodial misconduct. This update aims to ensure fairer legal proceedings while adapting to contemporary challenges in criminal justice. [2, 3]

The Tomaso Bruno v State of Uttar Pradesh (2015) case highlighted the importance of electronic evidence, including CCTV footage, in court proceedings. The judgment recognized digital proof as a vital tool in modern justice. The BSA, 2023, builds on this by formally recognizing electronic evidence in legal cases, ensuring that digital records are reliable and admissible in court. 

Major Reforms in India’s New Criminal Laws 

One major issue is extended police custody, now up to 60 or 90 days instead of 15 days, increasing risks of police misconduct and violating Article 21, which protects dignity and freedom. This may delay bail and cause distress to the accused. The BNSS allows handcuffing without court approval, contradicting Supreme Court rulings against cruel treatment. Solitary confinement is also reintroduced, raising human rights concerns as it was earlier declared unconstitutional. [4]

New laws introduce community service for minor crimes, but lack a proper monitoring system. Additionally, crimes like terrorism and mob lynching are now included in general laws, creating confusion with existing special laws. Some provisions may restrict free speech, as vague sections penalize “false information” and “threats to sovereignty.” Digital trials and electronic evidence raise concerns about fairness due to potential manipulation. While aiming for efficiency, these laws require careful execution. [4]

Key Recommendations for Strengthening the Justice System 

• Improving Legal System: Courts need modern technology like virtual hearings and digital case management to make legal processes faster and more accessible. However, high costs, cybersecurity risks, and the digital gap may make it harder for poorer communities to benefit. Smart investment and strong security are needed to fix these issues.
• More Judges for Faster Cases: Many cases remain unresolved because there aren’t enough judges. Hiring more judges and creating new positions can help, but challenges like recruitment, training, and financial limits must be considered to ensure an efficient system.
• Better Legal Help for Everyone: Many poor people struggle to get good legal help. Expanding legal aid services and spreading awareness can make justice more accessible. However, funding shortages and a lack of proper outreach efforts need to be fixed.
• Support for Crime Victims: Crime victims often face financial, emotional, and legal problems. Strong support services can help, but they require enough funds, trained staff, and proper coordination among different departments.
• Protecting Witnesses: Witnesses often fear threats or harm, making them hesitate to speak up. A good protection system is needed, but ensuring safety, privacy, and legal safeguards are key challenges.
• Upgrading Forensic Labs: Forensic evidence is important for fair trials, but outdated labs and slow testing weaken its role. Expanding forensic labs with advanced tools and skilled experts can improve accuracy and speed.
• Prison Reform for Rehabilitation: Many prisons are overcrowded and poorly managed, making rehabilitation difficult. Improving prison conditions and helping inmates reintegrate into society is important, but financial and policy barriers remain a challenge.
• Making Policies with Real Data: Laws should be based on crime research and statistics. However, data accuracy, privacy concerns, and government transparency must be considered to ensure fair policy-making.
• Learning from Other Countries: Studying global best practices can improve the justice system. Still, differences in legal systems, sovereignty concerns, and implementation challenges need to be handled carefully.

Each of these steps can improve justice, but solving the related problems is essential to making real progress. [4]

Conclusion

Laws are constantly evolving to address new challenges in society, technology, and governance. They are not fixed but adapt to ensure justice remains relevant and effective. As digital spaces expand, new laws are needed to regulate cybersecurity, protect personal data, and combat online crimes. Similarly, shifts in social values prompt legal reforms in areas like human rights, equality, and environmental protection. The Bharatiya Nyaya Sanhita (BNS) is a significant step toward modernizing India’s criminal justice system. It integrates traditional legal principles with contemporary frameworks to create a fair and accessible system. By ensuring transparency and accountability in legal procedures, BNS aims to streamline processes, reduce delays, and deliver justice more efficiently. [5]

Beyond procedural improvements, BNS prioritizes victim rights by introducing measures that enhance protection and support during legal proceedings. It also addresses emerging threats like cybercrime and economic fraud, equipping law enforcement with better tools to tackle modern criminal activities. With its

strong emphasis on fairness, efficiency, and inclusivity, BNS seeks to build a legal system that serves all people equally. However, its success will depend on effective enforcement, judicial oversight, and public awareness, shaping India’s legal landscape for the future. Supreme Court decisions have helped shape India’s new criminal laws. They focus on making law enforcement more responsible, ensuring fair legal procedures, and protecting people’s rights. [5]

References

1. Parliament, “Overview of Major Reforms in All Criminal Laws and Philosophy behind Introducing Reforms in Criminal Laws” (2024 <https://cdnbbsr.s3waas.gov.in/s3ec0369f268fb2ba1068615b3219c6e8f/uploads/2024/06/2024061512.pdf>.
2. “Impact of Police Reforms on Law Enforcement and Public Trust | Legal Service India – Law Articles – Legal Resources” <https://www.legalserviceindia.com/legal/article-17127-impact-of-police-reformson-law-enforcement-and-public-trust.html>.
3. Raghav Seth and Kshitiz Rao, “Look Back and Move Forward: Transition from IPC to BNS” [2024] Introduction <https://www.azbpartners.com/wp-content/uploads/2024/07/Knowledge-Series-2024-0718-Look-Back-and-Move-Forward-IPC-to-BNS-V2.pdf>.
4. Singh A, “ANALYZING THE IMPACT OF RECENT CRIMINAL JUSTICE REFORMS IN INDIA: A Case Study of Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) – The Amikus Qriae” (The Amikus Qriae, June 6, 2024) https://theamikusqriae.com/analyzing-the-impact-of-recent-criminal-justice-reforms-in-india-a-casestudy-of-bharatiya-nyaya-sanhita-bns-bharatiya-nagrik-suraksha-sanhita-bnss-and-bharatiya-sakshyaadhiniyam-bsa/
5. Kush V Trivedi and Department of Law, Gujarat National Law University, Gandhinagar, Gujarat, India, “Bhartiya Nyaya Sanhita: India’s New Transformative Criminal Law” (2025) journal-article <https://www.lawjournals.org/assets/archives/2025/vol11issue4/10287.pdf>.