The Bharatiya Nyaya Sanhita, 2023: Evaluating its impact on police and procedural reforms

Abstract

This article analysed the Bharatiya Nyaya Sanhita, 2023 (BNS) and its radical suggestion for the functioning of police and procedural reforms in the  criminal justice system of India. It examines in what way does the legislation has focused to decolonize and streamline the criminal law by restoring the Indian Penal Code, 1860, by the means of indicating the emerging need for a democratic and digital society in today’s time. Through this study a significant structure has been analysed and a procedural transformation has been mentioned under BNS, which has included the electronic evidence recognition, it also includes the timelines mentioned for the investigation and trials, under this it is also more victim centric and has been designed to assure fair as well as fair justice system. Additionally, it evaluates how the reforms are looked up to strengthen the accountability of the institution, transparency along with trust of public in the law enforcement of mechanisms. Through this article some challenges has also been addressed such as the preparedness of the police, constraints of infrastructural and the need for awareness and training programs by the government of India. Throughout this articles, this study summarised how the Bharatiya Nyaya Sanhita, 2023 has marked a growing steps by an efficient and justice system which is citizen oriented. This article has used the doctrinal/analytical method where existing laws, many statutes and interpretation of the judicial have also been used.

Keywords: BNS, infrastructural, accountability, transparency, Indian Penal Code, and legislation.

Introduction

The Bharatiya Nyaya Sanhita, 2023 (BNS) has marked a catchment in India’s criminal justice reform. Parallel with Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA), as it has replaced the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC),along with Evidence Act. This reform was intentionally to develop and well organised criminal law along with democratic domineering and digital that the society demands to be. Bhaumik (2024b) Further it was also addressed to the critics about the delays, procedural opacity or the victim protection which is insufficient for them.(Economic times,2024). This article demonstrates how BNS has entrenched the functioning of the police with procedural reforms, it has also mentioned about the relation with law, introduction to the new offences, electronic evidence with recognition, investigation and trials timelines, features which are victim centric, transparency along with accountability. It also tell us about the challenges that helps to implement these reforms with indications and various effects on the states. (The Hindu, 2023; Economic Times, 2024).

Key Reforms under BNS and Procedural Innovations

Old and New Offences: One of the important reforms under the Bharatiya Nyaya Sanhita, 2023 has been acknowledged under the structure of IPC. Many numbers of sections has been reduced from 511  to 358, which were the outdated and removed from the provisions, it introduced many new offences it includes hate crimes, terrorism and cyber offences and many more. (Economic times,2024) . Through this law has further reformulated or redefined which focuses on acts that are endangered in the sovereignty or the integrity of India, it allows to align with the principles of constitution for free speech which is a reasonable restriction.  

Women, Children and Victims: Under the BNS, it has introduced a separate chapters which includes offences related to women and children, it highlights the crime like the gang rape of a minor, child exploitation and trafficking as well. The procedural helps to protect the statement of the women, presence of guardian, medical care for free, and cases that has to be updated under 90 days. Economic Times, 2024). In this, the laws permits Zero FIRs which enables the victim to file a complaint at any point of time, at any police station or online,  regardless of the territorial jurisdiction. (Economic Times, 2024).

Accountability, Transparency, and Powers of Police: The BNS, allows to strength the accountability of laws by forensic investigation of crimes which is mandatory, defines the power of senior officers, it helps to clear the procedures which is useful for arrest and investigation. (India Today, 2024; Economic Times, 2024). Section 113 of the BNS comprises of a definition of ‘Terrorist Act’ while permitting the senior officer to decide if the case falls under Unlawful Activities (Prevention) Act, or BNS and the need to highlight the oversight. (The Hindu, 2023). A new punishment under BNS has follow up as Community Service for the offences which are petty in nature, it helps to encourage for rehabilitation as an substitute of incarceration. (India Today, 2024).

Challenges in its implementation

Infrastructure and Technological Gaps: In rural and remote areas many police stations continues to be lacking in electricity which is reliable, connectivity of the internet, equipment for video or audio recording, and storage for digital documents. Without it may have been aspirational. (Economic Times, 2024)

Human Resource and Training: the laws that are new needs considerable building capacity among the officers, forensic staff, and the judiciary as well. It also requires the skills to tackle the electronic evidence, digital records that has to be kept along with other techniques too. Across many states the trainings are unequal along with the resource allocations. (Economic Times, 2024)

Legal Ambiguities and Protection of Rights: As the BNS has expanded the definition of terrorism which allows the police officers to differentiate the offences, thought it has been excursive without any checks as its sufficient, due to this there is result in the application in overboard. BNSS has also expanded the custody of police and allows the aggregating period until an unless there is oversight of the judiciary. (The Hindu, 2023). It also mandates the timeline given as it is necessary for the case to be closed with free and fair trial rights.

Disparities Regionally: In infrastructure, resources, and in administrative capacity the states vary from each other widely. What is possible in large or metropolitan cities may not be possible in rural areas. Because of this, the implementation leads to inequality and it hinders in the delivery of the justice to all. What states need to do is set up better labs for forensic work, infrastructure, and trained staffs for better implementations. 

Early Indicators and Case Examples

• Over a year since the BNS came into existence, in Noida about 13% of the FIRs have need registered along with digital evidence, it showcase that more police officer are trying and accepting this new methods. (Times of India, 2025)
• Community service as a punishment has been started in many states for the petty offences that are committed. Like the state Tamil Nadu has over 16 types of different community service. (Times of India, 2025)
• Strict punishment has been introduced in many states of India. For example: the state of Telangana is giving punishment to the thefts who steal the vehicle and the punishment is prison for a specific time period. It applies the section 305(b) BNS. (Times of India, 2025)

Legal Balancing Act and Constitution:  The reforms of the BNS has assessed notwithstanding of the Indian Constitutional Framework which includes Articles 14, 19, and 21.

• It has removed the concept of Seditious Speech and the acts which were threatening the sovereignty and integrity of India, as it also comes along with the BNS and the constitutional values which comes under Article 19(2).
• Thus, it has increased the discretionary power that has been granted to the police with the classification for the extending custody and classifying the terrorism. Due to this it has faced many concerns that does this has the real potential and does it violates the personal liberty? For this there is an oversight of judicial and clarity of procedural that it’s still important to protect the rights of the citizen.

Discussion and Analysis

The new BNS along with BNSS and BSA, looks up for the change in the Indian judicial system that has been going on for a long period of time since the 1860s and to the modern, transparent and based on right. This reform helps to protect the rights of victim, strict timelines along with community services. But it was not easy as the main challenge was to tackle the implementations without any infrastructure, resources and the risk of misuse along with inequality. Thus, many effective monitoring, transparency of the data, and strong independent review as a vital mechanism for strong accountability along with translating the Indian justice with strong and real reforms.

Conclusion

The Bharatiya Nyaya Sanhita, 2023 make a significant step towards India’s modernised criminal justice system. It has introduced various new offences, digital evidences, timelines that are strict, and victim centric making it more transparent and efficient. To conclude, BNS has set up a legislative foundation that is more responsive, efficient and also has the potential to carry forward significantly to enhance the justice system along with police officers.

References

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