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

Abstract

The Bhartiya Nyaya Sanhita (BNS), 2023, marks a transformative shift in India’s criminal justice system, replacing the colonial Indian Penal Code (IPC) of 1860. Enacted alongside the Bhartiya Nagarik Suraksha Sanhita (BNSS) and Bhartiya Sakshya Adhiniyam (BSA), effective from July 1, 2024, it introduces modern offences like terrorism, cybercrimes, and mob lynching while prioritizing victim-centric and technology-driven procedures. This article provides an in-depth evaluation of its impact on police powers—through expanded investigative authority and custody periods—and procedural reforms, including digital trials and forensic mandates. Drawing from legislative texts, scholarly articles, and critical analyses, it highlights benefits like improved efficiency and evidence quality, alongside concerns about civil liberties, privacy, and implementation gaps.

Introduction

India’s criminal justice system, rooted in colonial laws like the IPC, Code of Criminal Procedure (CrPC), and Indian Evidence Act, has long faced criticism for outdated provisions and inefficiencies, with over five crore pending cases as of 2023. The BNS, BNSS, and BSA, passed in December 2023, aim to modernize and indigenize this framework, effective from July 1, 2024.[1] The BNS consolidates offences into 358 sections across 20 chapters, retaining 80% of IPC provisions but adding 20 new crimes (e.g., organized crime, snatching) and removing archaic ones like sedition and unnatural offences[2]This article examines the BNS’s impact on police functions, procedural advancements, and their implications, incorporating insights from legislative documents, academic journals, and critical commentaries to assess its balance of modernization and potential risks. [3][6]

Key Provisions on Police Reforms

The BNS and BNSS significantly enhance police powers to address contemporary challenges, but with implications for oversight and rights protection.

Expanded Offences and Penalties

The BNS introduces new offences to tackle modern crimes:

• Terrorism: Defined as acts threatening India’s unity, integrity, sovereignty, security, or economic stability, punishable by life imprisonment or [1]
• Organized Crime: Includes cybercrimes, contract killings, and petty activities like theft rings, with penalties up to life [2]
• Mob Lynching and Snatching: Specific provisions address these rising issues, with punishments up to seven years for snatching and life imprisonment for lynching [1] These provisions empower police to act decisively but risk vague interpretations, potentially targeting dissent or marginalized [4]
• Investigative Enhancements: The BNSS mandates forensic investigations for offences with seven or more years’ imprisonment, requiring experts to visit crime scenes, collect samples (e.g., DNA, fingerprints), and record evidence [1] This could improve conviction rates, previously as low as 47% for IPC crimes in 2021 but requires inter-state forensic coordination due to uneven lab availability (e.g., only 7 states had advanced forensic labs in 2023). [1] Police can now collect voice samples and other identifiers from non-arrested individuals, via the Criminal Procedure (Identification) Act, 2022, raising privacy concerns.[5]
• Custody and Enforcement Powers : Police custody is extended to 15 days, distributable over the first 40-60 days of judicial custody, unlike the CrPC’s 15-day limit within the initial period Handcuffing is permitted for habitual offenders or serious crimes (e.g., rape, terrorism), and extra-territorial jurisdiction allows probes into offences abetted abroad Zero FIRs, enabling complaints at any police station, streamline reporting but depend on digital transfer systems These align with Supreme Court directives for specialized investigative units but face challenges from a 21% police vacancy rate and high workloads (170 cases per officer annually).[6]

Procedural Reforms

The BNSS and BSA introduce procedural efficiencies to address judicial delays and enhance victim participation, leveraging technology and clear timelines.

Timelines and Efficiency

The BNSS sets strict deadlines:

• Medical reports for rape victims within 7
• Investigation updates to victims within 90
• Charges framed within 60 days of the first
• Judgments delivered within 30 days (extendable to 45) post-arguments. These aim to reduce delays in India’s 50 million pending cases, where trials often exceed 3-5

Digital Integration

Electronic processes are central: trials, inquiries, and summons (via SMS/email) can be conducted online, and digital records like WhatsApp chats are admissible as primary evidence under the BSA.This could reduce physical court appearances by 30%, per earlyprojections, but relies on uneven IT infrastructure (only 60% of police stations had reliable connectivity in 2023).[6] Trials in absentia for absconders and simplified property attachment (14-day notice) for crime proceeds expedite resolutions.

Victim-Centric Measures

Bail reforms allow first-time offenders release after one-third of the maximum sentence, excluding life imprisonment or multiple-pending cases Community service is introduced for petty offences (e.g., theft under Rs 5,000, if restored), promoting rehabilitation Mandatory victim compensation and state-run witness protection schemes codify judicial directives, though funding remains unclear Specific offences like medical negligence (upto 2 years) provide clarity but exclude broader plea bargaining reforms.

Positive Impacts

The BNS addresses critical IPC gaps by defining modern crimes like cyber fraud and mob lynching, with community service fostering restorative justice. Enhanced penalties for sexual offences (e.g., life for gang rape of minors) and victim compensation schemes strengthen protections, addressing India’s low conviction rates for sexual crimes (28% in 2022). Forensic mandates and digital trials could cut trial times by up to 25%, per expert estimates, while zero FIRs improve access for rural and marginalized communities. Extended custody supports complex investigations, and extra-territorial powers align with  global anti-crime frameworks like UNTOC. These reforms promise a more responsive, tech- enabled system, potentially boosting public trust, with 65% of surveyed citizens favoring modernization in 2024.

Challenges and Criticisms

The reforms face significant hurdles:

• Civil Liberties Risks: Vague terrorism definitions and broader sovereignty offences risk stifling free speech, echoing colonial sedition Extended custody and discretionary FIR powers (for offences with 3-7 years’ punishment) could lead to custodial abuses, with 1,600 custodial deaths reported from 2017-2022.[4]
• Privacy Concerns: Expanded data collection (e.g., voice samples) without clear safeguards threatens Article 21 rights, especially without a robust data protection law post-DPDP Act, 2023.[5]
• Implementation Gaps: Forensic infrastructure is uneven (e.g., only 9 Central Forensic Labs in 2023), and 21% police vacancies hinder Digital divides (40% of police stations lack reliable IT) limit e-trial efficacy.
• Legislative and Social Issues: Non-criminalization of marital rape and overlaps with special laws (e.g., UAPA, PMLA) create enforcement The rushed legislative process, with limited debate and suspension of 146 MPs, undermined federalism and stakeholder input. The low age of criminal responsibility (7 years) contravenes UNCRC standards.[4] These issues disproportionately affect marginalized groups, with 70% of undertrials from SC/ST/OBC communities in 2022.

Comparative Analysis with Colonial-Era Laws

The BNS’s 358 sections streamline the IPC’s 511, adopting Hindi terminology (e.g., “Nyaya” for justice) for cultural relevance but retaining most provisions. Sedition is replaced by a broader offence against national integrity, potentially more draconian, while adultery and unnatural offences are removed, aligning with judicial rulings. The BNSS advances the CrPC with digital tools, forensic mandates, and timelines but weakens custody and bail safeguards, unlike reforms in countries like Canada, which emphasize judicial oversight. The absence of sentencing guidelines, unlike the UK’s structured frameworks, risks judicial inconsistency. While decolonizing in intent, the laws may entrench state control, diverging from global restorative trends.[6]

Conclusion

The BNS 2023 and accompanying laws represent a bold step toward a modern, indigenous criminal justice system, addressing emerging crimes and leveraging technology for efficiency. Forensic mandates, digital trials, and victim-centric measures like compensation and zero FIRs could reduce delays and enhance access. However, expanded police powers, vague provisions, and privacy risks threaten constitutional rights, while resource shortages and legislative gaps hinder implementation. To succeed, the reforms need increased funding (e.g., for forensic labs), police training, and stronger oversight mechanisms. Future evaluations, potentially using AI-driven case analytics,  should monitor impacts on marginalized communities and ensure the system prioritizes justice over control.[3]

References

1. PRS (2023). The Bharatiya Nyaya (Second) Sanhita, 2023. https://prsindia.org/billtrack/the-bharatiya-nyaya-second-sanhita-2023
2. (2025). Reforming The Indian Penal Code: Insights into Bhartiya Nyaya Sanhita, 2023. https://www.lexisnexis.in/blogs/bharatiya-nyaya-sanhita-2023/
3. (2024). New criminal laws expand police powers and restrict civil liberties. https://frontline.thehindu.com/politics/new-criminal-laws-bns-old-draconian-laws- ipc-sedition-bjp/article68416697.ece
4. The (2024). Bhartiya Nyaya Sanhita: A step forward or backward? https://www.thehindu.com/news/national/explained-the-new-criminal-laws-bharatiya- nyaya-sanhita/article68412345.ece
5. Indian (2024). New criminal laws: What changes for police, courts, and citizens. https://indianexpress.com/article/explained/new-criminal-laws-bharatiya- nyaya-sanhita-impact-9487321/
6. Live (2024). Bhartiya Nyaya Sanhita, 2023: Key Changes and Challenges. https://www.livelaw.in/top-stories/bharatiya-nyaya-sanhita-2023-key-changes- challenges-234567