India’s New Criminal Codes, A Year On, Technology Leads the Transformation
Why in News?
One year has passed since India replaced its colonial-era criminal laws with three new legislations: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA). This major legal overhaul aimed to modernize criminal jurisprudence in India. The Ministry of Home Affairs and investigating officers are now gradually adjusting to the operational and technological transitions required by the new codes.
Introduction
In 2023, the Indian government enacted sweeping changes by replacing the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, 1872. As of today, FIRs are registered using the Crime and Criminal Tracking Network and Systems (CCTNS) under the new Inter-operable Criminal Justice System (ICJS). These shifts are expected to improve transparency, efficiency, and evidence collection in the Indian justice system.
Key Issues and Institutional Concerns
1. Introduction of ‘e-Sakshya’
One of the most significant tools introduced is ‘e-Sakshya’, an app that enables police to record and preserve electronic evidence in real time. Developed by the National Informatics Centre (NIC), it helps investigating officers capture videos, take time-stamped photos, and preserve digital records securely.
2. Mandatory Recording of Processes
BNSS mandates that key procedures like search, arrest, or recovery of evidence must now be recorded using audio-video tools. This includes recording statements, scenes of crime, and evidence handling. However, some video documentation—like under Section 176 (BNSS)—remains optional.
3. Forensic Infrastructure Gap
While technology like e-Sakshya is a great leap forward, its full implementation is hindered by gaps in forensic labs, inadequate FSL (Forensic Science Laboratory) experts, and limited digitization in rural and remote stations.
4. Cloud-Based Storage and Device Constraints
Using e-Sakshya effectively requires storage space (minimum 1 GB), smart mobile phones, and access to a government-secured cloud. Poor infrastructure or lack of funds in smaller jurisdictions hampers seamless adoption.
5. New Offences and Legal Clarity
Section 303 of the BNSS reclassifies certain petty offences and introduces new ones like gambling. But terms used in new laws remain vague. The new Section 530 mandates audio-video evidence for examinations by medical practitioners—an important move, though practice is still lagging behind.
Challenges and the Way Forward
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Infrastructure and Funding: Immediate investment is needed in FSL labs, secure cloud storage, mobile devices, and trained personnel.
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Officer Training: More on-ground training is required to help investigating officers adapt to these digital tools and legal requirements.
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Simplified Processes: Technical duplication and bureaucratic delays must be eliminated to ensure swift delivery of justice.
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Feedback from States and UTs: Union Territories especially must be consulted to tailor implementation to local realities.
Conclusion
The transition from colonial-era laws to modern codes is not just symbolic—it represents a step toward making Indian policing evidence-based and transparent. Tools like e-Sakshya are game changers but must be backed by robust infrastructure, legal clarity, and real-time officer training. As India enters the second year under the new codes, institutional reforms and feedback mechanisms will determine their long-term success.
Q&A Section
1. What are the new criminal laws that replaced colonial-era laws in India?
The new laws are the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), which replaced the IPC, CrPC, and Indian Evidence Act respectively.
2. What is e-Sakshya, and how does it help police work?
e-Sakshya is a mobile application that allows Investigating Officers (IOs) to record videos, capture images, and timestamp events to preserve electronic evidence.
3. Why is forensic infrastructure a concern?
Despite provisions in the new laws, most states still lack adequate FSL experts and technological support to handle and verify digital evidence efficiently.
4. What are some new legal provisions introduced under the BNSS?
BNSS introduces new offences and mandates video documentation for various processes. Section 530, for instance, requires video-recorded medical examinations of witnesses or accused persons.
5. What should be the focus moving forward?
The government should prioritize officer training, improve forensic labs, expand cloud storage capabilities, and gather systematic feedback from the states for efficient law enforcement.
