Abstract
India's criminal justice system has undergone a major legislative change through the Bharatiya Nyaya
Sanhita, 2023 (BNS), Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya
Adhiniyam, 2023 (BSA), which replaced the IPC, CrPC and Indian Evidence Act. This article evaluates whether these laws constitute genuine criminal law reform or merely restructure the existing framework. It examines key changes relating to technology, digital evidence, forensic investigation, community service, victim's rights and procedural efficiency. This article argues that the new laws introduce important reforms but their success depends on effective implementation, institutional capacity and protection of constitutional rights.
Keywords:
Criminal law reform, BNS, BNSS, BSA, Digital evidence, Forensic investigation.
Introduction
Criminal law is one of the most important components of any legal system because it regulates the
individual as well as the society. It defines offences, prescribes punishments and establish procedures for investigation and trial. In India, the principal criminal laws are Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the old criminal laws i.e., Indian Penal Code, 1860 (IPC), Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872. The introduction of these laws has been described as major transformation of India's criminal justice system.
Need for Criminal Law Reform:
The need for criminal law reform cannot be denied.The criminal justice system deals with changing forms of crime and therefore cannot remain completely dependant on concepts developed in the nineteenth century.For Example: digital communication has become a normal part of everyday life.The Bharatiya Sakshya Adhiniyam introduces provisions for electronic or digital records can be admitted as an evidence and be used against the person who had committed that crime and also can be used in his favour.
Bharatiya Nyaya Sanhita: changes in substantive criminal law:
The Bharatiya Nyaya Sanhita is a substantive criminal law which defines offences and also lays down the punishment after the crime has been committed.The BNS introduces several changes in substantive criminal law. It introduces the new crimes and add in new provisions such as organised crime under section 111, petty organised crime under section 112, Terrorist Act under section 113. The Bharatiya Nyaya Sanhitaalso introduced a provision which penalizes "the acts of endangering the sovereignty unity and integrity of India" under section 152 of BNS which replaced the colonial term that is 'sedition' given under section 124A of IPC.Another important change in the BNS is in the punishment. community service is introduced as a new punishment. Fines and Imprisonment are generally was the form of punishment. but new substantive law introduced 'community service' as Punishment.
Bharatiya Nagrik Suraksha Sanhita and Procedural Reform
The BNSS attempts to address some of the problems associated with criminal Procedure. The main purpose of BNSS is to create modern, Transparent and efficient criminal justice system.The BNSS introduced provisions relating to technologic-ally devices. It introduces Audio-video electronic means under section 2(1)(a), Electronic communication under section 2(1)(i).
In the case of state of Maharashtra v. Dr. Praful desai (2003), the supreme court of India upheld the validityof recording evidence through videoconferencing.• The BNSS introduced zero FIR and E-FIR which isgiven under section - 173(1) of BNSS, irrespective of CrPC only written FIR was given.The BNSS also given important place to Forensic investigation under section-176(3) of BNSS in serious offences. This development is most important because scientific investigation can make investigation more reliable evidence. However, procedural reform on paper does not automatically result in justice(Speedy justice). Courts requires sufficient judges, require trainned Personnel and forensic laboratories requires adequate resources. Therefore, the BNSS is seen as one of the largest reform i.e. Procedural reform.
Delay in sending report to Magistrate - In Satish Narayan Sawant V State of Goa (2009 S.C) the Supreme Court held that receiving a vague or brief phone call about a crime (like death of a person) does not automatically count as the official First Information Report (FIR)
Bharatiya Sakshya Adhiniyam: Changes — Digital Evidences
The Bharatiya Sakshya Adhiniyam is particularly relevant in the context of modern evidence.Digital
records have become an important source of evidence in criminal cases. According to section 2(1)(e)
Evidence means and includes all statements given either electronically or all document given in
electronically or digital records.
The legal admissibility of digital and electronic record (like CD, Pendrives, hard disks, or emails) can only be admitted as evidence if it is accompanied by a mandatory certificate under section 63 of the Bharatiya Sakshya Adhiniyam, 2023 held in Anvar P.V. v. P.K. Basheer (2014).
In the case Arjun Panditrao Khotkar v. Kailash Kushanrao (2020) - This judgment further solidified the law, clarifying that section-63 certificate is compulsory "condition precedent" for the admissibility of oral or secondary electronic records.Section 61 and Section 63 of the BSA specifically govern how digital data must be certified, authenticated, and presented in court today.Thus, the BSA is an important step toward modernising evidence law, but its practical success will depend upon technological and forensic capacity.
Speedy Justice: Reform or Expectation?
One of the major expectations from the new criminal laws is that they will reduce delay. Speedy justice is an important part of fair criminal justice system.The Indian Judiciary faces a large amount of pending cases. Police department also faces vacancies and workload issues. Prosecutors, forensic experts and court infrastructure are similarly important. Therefore criminal law reform must be supported by judicial and institutional reforms. Increasing the number of judges, improving investigation and expanding forensic facilities are necessary if the objectives of the new laws are to achieved.
Are the new laws a genuine reform?
The answer to this question is not completely positive or negative.There are clear reforms in new criminal laws such as contemporary investigation, introduction of zero FIR and E-FIR. Digital records is an one of the important reform, forensic investigation and the greater use of technology.At the same time, a substantial part of the previous legal framework continues under the new statutes.The new laws have certainly brought legal reform. whether they will produce broader institutional reform will be seen.
Major challanges in Implementation:
Some of the major challanges include:
• Lack of adequate training for police officers and legal professionals.
• Limited forensic infrastructure in several areas.
• Shortage of judges and prosecutors.
• Lack of awarness among citizens
• Difficulties in handling and Preserving digital evidence.
• Existing case and pendency and delays.
These are the some challanges which shows that criminal justice reform cannot be completed only by
enacting new statutes.
Conclusion:
The enactment of new criminal laws i.e. BNS, BNSS and BSA is undoubtedly an important development in Indian criminal law.The new law attempts to respond to changes in technology and society, and introduce reforms relating to digital evidence, forensic investigation, community service and criminal procedure.However, it would be premature to describe them as a complete transformation of India's criminal justice system.In this sense, the new criminal laws can be regarded as an important step towards reform, but not the final answer to India's criminal justice challenges.
REFERENCES
Legislation
Bharatiya Nyaya Sanhita, Section, 111, 112, 113 and 152
Bharatiya Nagrik Suraksha Sanhita, section, 2(1)(a), 2(1)(i), 173, 176
Bharatiya Sakshya Adhiniyam, Section, 2(1)(e), 61 and 63.
Cases
State of Maharashtra V. Dr. Praful Desai (2003) 4 SCC 601
Satish Narayan Sawant V. State of Goa (2009) 7 SCC 724
Arjun Panditrao Khotkar V. Kailash Kushanrao (2020) 7 SCC 1
Anvar P.V. V. P.K. Basheer (2014) 10 SCC 473
Books
BNS : S.N Mishra
BNSS: S.N Mishra
BSA : Dr. Avtar Singh