Reforming India's Criminal Justice System: BNSS & BSA in Practice

India's criminal justice system has experienced a historic shift with the passing of three new
criminal legislations in 2023 that repealed colonial laws. Of these, the Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) are notable
for changing procedural criminal law and the law of evidence, respectively. These legislations
were given effect from 1 July 2024, pointing the way to a more citizen-centric, technology-
based, and effective delivery of justice.

I. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

The BNSS supersedes the Code of Criminal Procedure, 1973 (CrPC) and seeks to modernize
criminal procedure while protecting citizens' rights. It brings structural reforms, procedural
changes, and technological adaptation to manage long-standing inefficiencies in the criminal
justice process.

1. Powers of Police: Arrest, Search, and Seizure

BNSS equips police officers with more explicit rules on arrest, search, and seizure, introducing
protections against abuse:

• Arrest without a warrant is allowed under specified conditions, with the law requiring that the
arrested individual be informed of the reasons and given an opportunity to call a relative or
friend A.
• Search and seizure activities should be recorded and, where possible, electronically recorded
to provide openness.
• Mandatory medical check-up of arrested persons to protect their health and rights.

2. Investigation Processes

BNSS stresses time-limited and technology-facilitated investigations:

• E-FIR and Zero FIR clauses enable victims to report complaints online or at any police station,
irrespective of jurisdiction.
• Investigations within 90 days are mandatory, which can be extended to 180 days on approval
by the judiciary.
• Forensic inputs and expert opinions take precedence, with timelines for filing to prevent trial
delays.

3. Bail, Anticipatory Bail & Custody

The law simplifies bail procedures to minimize unnecessary detention:

• Anticipatory bail is still an option, with courts authorized to add conditions to avoid abuse.
• Custody procedures provide for automatic legal aid access and medical screenings.
• Courts are enjoined to prefer bail over detention unless absolutely essential for investigation or
public security.

4. Trial Procedures: Sessions, Magistrate, Special Courts

BNSS reorganizes trial mechanisms to make them more efficient and accessible:

• Sessions Courts, Magistrate Courts, and Special Courts are well delineated with jurisdictional
precision.
• Trials have to be completed within a definite time frame, and judgments pronounced within 45
days of trial conclusion.
• Hearings, remands, and witness depositions can be done through video conferencing, cutting
down on logistics delay.

5. Appeals, Revisions & Review

Appellate processes are computerized and streamlined:

• The appeals process can be submitted electronically, and tracing mechanisms provide
transparency.
• The courts are incentivized to clear appeals within a reasonable time, decreasing pendency.
• Reforms and reviews have systematic processes in place to avoid frivolous litigation.

6. Victim Compensation and Witness Protection

BNSS puts victims and witnesses at the forefront of the justice system:

• Schemes for compensation of victims are institutionalized, providing monetary assistance and
rehabilitation.
• Protective mechanisms for witnesses include anonymity, remote testimony, and physical
protection if necessary.
• The courts have the jurisdiction to take proactive measures to protect vulnerable witnesses.

II. Bharatiya Sakshya Adhiniyam, 2023 (BSA)

The BSA replaces the Indian Evidence Act, 1872, and keeps pace with the realities of the digital
era and brings about wide-ranging reforms in the law of evidence. The BSA acknowledges
electronic records, makes admissibility more streamlined, and beefs up forensic measures.

1. Relevance & Admissibility of Evidence

BSA lays out precise parameters for what is relevant and admissible evidence

• Evidence should be logically related to the facts in dispute.

• Computer-generated records, such as emails, texts, and digital signatures, are admissible if
they are authenticated.
• Courts may refuse to accept evidence that is irrelevant, prejudicial, or obtained illegally.

2. Forms of Evidence: Oral, Documentary, Electronic

The Act splits evidence into three main forms:

• Oral Evidence: Comprises witness evidence and oral testimony. Should be direct and cross-
examinable.
• Documentary Evidence: Written documents, agreements, and official papers. Admissible are
certified copies.
• Electronic Evidence: CCTV footages, call records, metadata, and electronic communications.
Should be authenticated using hash values or expert testimony.

3. Presumptions & Burden of Proof

BSA enacts statutory presumptions and explains the burden of proof:

• Statutory presumptions are applicable to certified electronic records, government records, and
some commercial documents.
• Proof rests with the prosecution, but shifts in certain cases (e.g., possession of stolen goods or
dowry death).
• The standard of proof has to be assessed by courts depending on the nature of the case—
beyond reasonable doubt in criminal proceedings.

4. Confessions, Dying Declarations, Expert Opinion

The Act keeps and improves central evidentiary principles:

• Confessions have to be voluntary and taken down before a magistrate in order to be

admissible.
• Dying declarations are receivable even without cross-examination, subject to being made in
anticipation of death.
• Expert opinions, such as forensic, medical, and technical valuations, are receivable if the
expert is competent and the method is valid.

5. Chain of Custody in Forensic Evidence

BSA requires careful procedures for handling forensic evidence:

• Each transfer of evidence shall be documented, forming a verifiable chain of custody.

• Tampering or breaks in the chain can make evidence inadmissible.
• Barcoding systems and digital devices are urged to be kept intact.

Conclusion

The BNSS and BSA are paradigmatic changes to India's criminal justice system. Replacing
archaic colonial legislation with contemporary, progressive, and technology-enabled
enactments, the government has provided the country with a more responsive and just legal
environment. The new laws focus on the rights of citizens, judicial efficiency, and digitalization
so that justice is not merely provided but provided promptly and equitably.

Legal practitioners, law enforcement agencies, and the judiciary must now adapt to these
changes through training, infrastructure upgrades, and procedural alignment. For citizens, these
reforms promise greater transparency, accountability, and access to justice.

As India moves forward, the successful implementation of BNSS and BSA will be critical in
restoring public trust and strengthening the rule of law.

Sources: A, Ministry of Home Affairs – New Criminal Laws, India Code – BNSS