THE BHARATIYA NYAYA SANHITA, 2023: EVALUATING ITS IMPACT ON POLICE AND PROCEDURAL REFORMS

Published On: September 30th 2025

Authored By: Amrita Gang Deb

L.R. Law College, Sambalpur University

ABSTRACT

The Indian Criminal Justice System has undergone a historic transformation with the replacement of the colonial-era Indian Penal Code, Evidence Act, and Criminal Procedure Code by the Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Adhiniyam, and Bharatiya Nagarik Surakshya Sanhita in 2023. These reforms mark a paradigm shift from a punishment-oriented approach to a reformation-centric model, addressing modern crimes such as cybercrime, terrorism, and financial fraud while strengthening rights-based justice.

The BNS introduces clear definitions for offences, enhanced protection for women and children, community service as an alternative sentence, and provisions for electronic and zero FIRs. Procedural advancements include time-bound investigations, forensic team involvement, and the integration of technology through tools like the e-Sakshya app. However, challenges persist in terms of resource gaps, inconsistent sentencing, and ensuring accessibility of legal aid.

This paper critically analyses the objectives, police reforms, procedural improvements, and implementation challenges of BNS, while recommending measures such as upgraded forensic infrastructure, expanded legal aid, and digital case management. The new legal framework aims to deliver transparent, technology-driven, and victim-centric justice, provided that effective cooperation exists between the public, law enforcement, and the judiciary.

INTRODUCTION

To govern the Indian Criminal Justice System of a country there are three major criminal laws these are Indian Penal Code, Evidence Act, and Criminal Procedure Code which impacts the life of all the Indians. Recently, the Indian Criminal Justice System has changed with the implementation of the three new criminal laws namely Bharatiya Nyaya Sanhita, Bharatiya Sakshya Adhiniyam and Bharatiya Nagarik Surakshya Sanhita ,2023. Everything changes with time likewise the law has a dynamic nature which needs to be changed with time. The nature of crimes and the mind set of criminals have also seen a major drastic change which urge the parliamentarians to replace the old colonial era criminal laws.

The implementation of new criminal laws is crucial in the realm of jurisprudence, serving as a proactive response to the emerging societal norms and criminal behaviours. These legislative measures are specially designed to uphold individual rights, enforce justice against new crimes like the cybercrime, financial misconduct. The new criminal laws also seek the audio video recording of search and seizure which relates with the modern technology.

BHARTIYA NYAYA SANHITA

The old criminal laws have been implementing from the colonial era but the transition from punishment (Dand) to Nyaya was not changing former law but predominantly concerned with deterrence of crime. The present Sanhita widely known as Bharatiya Nyaya Sanhita which came into effect on 1st July 2024, believes in reformation rather than giving punishment.

The main objective of BNS is to encapsulate more specific definitions in terms of defining offences and avoiding ambiguity. The new penal code recognises organised crime such as kidnapping, extortion, contract killings . For the first time, the provisions related to crime against women and children have been given emphasis and placed under 1 chapter.

Strict punishment up to death sentences have been provided for the offences against women. Punishment for gang rape of a minor women led to life imprisonment till remainder of the convict’s natural life or death.

IMPACT OF BNS ON POLICE REFORMS

Conceptual Transition between corrective and Punitive Justice

The transition from giving punishment to the accused person for the offences done by him to send him/her to rehabilitation centre or for a community service is one of the main philosophical changes bought by the BNS. In the theory of punishment, reformative theory comes into force by the new penal code of 2023.

Modification to concepts and definition of Terrorism

In the previous old penal code, the term terrorism does not have a proper description while the BNS provides a crystal-clear legal definition to the term terrorism. It helps to incorporate counter-terrorism initiatives into the code.

Introduction to community Service

The BNS introduces a new method of punishment for minors to serve the community as a punishment. This creative sentencing approach aims to guarantee that they make a constructive construction to the society.

Electronically submitting FIRs

The BNS allows the FIRs to be registered by electronic means which gives emphasis on the importance of modern technology. The main aim is to get the crime registration smoothly and with transparency.

Introduction of Zero FIR

The zero FIR has been introduced in the new code that is BNS which means any FIR can be lodged besides whose jurisdiction the offence is committed.

PROCEDURAL REFORMS IN THE CRIMINAL JUSTICE SYSTEM

Mandatory Summary trial of offences of petty theft .

The monetary limits for petty thefts triable in Summary trials in terms of value of stolen property involved has been increased from 2000 rupees to 20,000 rupees.

Registration of FIR from anywhere

The crimes that are punishable by jail terms between 3 and 7 years, police have the discretion to conduct a preliminary inquiry for 14 days before the FIR is filed

Mandatory visit of forensic teams

Mandatory visit by forensic teams for alleged offences that are punishable with prison terms of 7 years or more.

launching of e- sakshya app

An e- sakshya app will be connected to ICJS portal and portals of courts and other institutions. It will save all these videos, so they can be viewed later.

Time – bound Investigation and trial

The BNS prescribed the police to complete the investigation for minor offences within 90 days and for major offences within 180 days .

CHALLENGES FOR IMPLEMENTATION

Inconsistent sentencing guidelines

Community Service requirements for minor offences may be viewed as a positive approach but it does not clear the implementation and tracking process.

Resource constraints

With the rising modernization significant investments on technology, training and infrastructure which may be lacking especially in rural and backward areas.

RECOMMENDATIONS FOR STRENGTHENING THE JUSTICE SYSTEM

Improving the legal system

The court needs modern technology to deal with the rising crimes like virtual hearing, digital case management.

Better legal help for everyone

Many poor people struggle to get good legal help, but they are helpless because of lack of education, financial stability and rising modernization. Hence expanding legal aid services and make justice more accessible.

Upgrading Forensic labs

The most important for fair trials is to upgrade the forensic labs with advanced tools, skilled experts can improve accuracy and speed

CONCLUSION

Laws are constantly evolving to address the new challenges in society, technology and governance. The adaptation of new law is to prohibit the cybercrimes , online scams and to give emphasis on reformation rather than giving punishment. It added new provisions related to crime against women and children. By ensuring transparency and accountability in legal procedures the BNS aims to streamline processes, reduce delays and deliver speedy justice. However, it all depends upon the cooperation of people with the government.

REFERENCES

The Bharatiya Nyaya Sanhita, 2023 PRS Legislative Research https://prsindia.org/billtrack/the-bharatiya-nyaya-sanhita-2023

Decolonisation of IPC 2024.7.1 • SCC Times https://www.scconline.com/blog/post/2024/07/01/decolonisation-of-ipc-understanding-bharatiya-nyaya-sanhita-2023/

Reforming The Indian Penal Code: Insights into Bharatiya Nyaya Sanhita, 2023 2025.1.15 • LexisNexis Blog https://www.lexisnexis.in/blogs/bharatiya-nyaya-sanhita-2023/