Background

In 2023, the Government of India initiated a historic overhaul of its colonial-era criminal laws by introducing three new criminal codes. One year into their enforcement, early signs of impact are emerging—especially in the realms of policing, investigation, and technological adoption. It is now timely to evaluate how these laws are functioning, assess the innovations introduced, and identify the persistent challenges.

Key Features of the New Criminal Framework

1.     Major Legal Transition and Structural Shift

This legislative reform marked a sharp departure from outdated colonial legal frameworks, aiming to modernise and streamline India’s criminal justice system. The transition to the new codes has been relatively smooth, aided by digital infrastructure like the Crime and Criminal Tracking Network and Systems (CCTNS), which underpins the Inter-operable Criminal Justice System (ICJS).

CCTNS has made it possible to file zero FIRs across jurisdictions, facilitating smoother inter-state operations. The Ministry of Home Affairs (MHA) played a central role in steering this transformation at the implementation level.

2.     Tech-Driven Evidence Collection: e-Sakshya

A flagship innovation of the reform is the e-Sakshya mobile application, jointly developed by the National Informatics Centre (NIC) and the MHA. This app enables real-time digital collection of evidence—photos, videos—embedded with geo-location data and timestamps.

Complying with key provisions of the BNSS (Bharatiya Nagarik Suraksha Sanhita), such as Sections 105, 173, 176, 180, 185, and 497, the app ensures documentation of searches, seizures, statements, and property handling.

Feedback from Investigating Officers (IOs) has been largely positive. The app enhances accountability by:

• Preventing unauthorised delegation of investigative tasks
• Improving the reliability of evidence through witness presence
• Requiring mandatory selfies and leaving digital traces, which boosts transparency

3.     Boosting Forensic Rigor

Another significant reform is the compulsory crime scene visit by a Forensic Science Laboratory (FSL) expert, as mandated by Section 176 of the BNSS. Although forensic infrastructure remains limited, this step marks a move towards more scientific investigation.

The government has begun addressing gaps through efforts such as:

• Expansion of the National Forensic Science University (NFSU)
• Plans to establish a Central Forensic Science Laboratory (CFSL) in Raipur

Challenges and Operational Gaps

1.     e-Sakshya Implementation Hurdles

• Courts are not yet integrated with the ICJS to directly access digital evidence via the National Government Cloud (NGC), forcing IOs to use pen drives, adding cost and inefficiency.
• Investigators often use personal Android devices (Android 10+ with 1GB+ storage) due to insufficient official equipment, raising issues of data security and officer burden.
• Device shortages—such as a limited number of tablets per station—hamper widespread adoption.
• Software limitations affect usability: only five Sakshya IDs can be created offline in unlinked FIRs, and errors in linked cases are not easily corrected.
• Accused persons often hesitate to be digitally recorded, affecting the ability to gather critical testimonial evidence.

2.     Legal Gaps and Incomplete Digitisation

• Section 303 of the BNS lacks clarity on whether thefts below ₹5000 are cognizable, while Section 112 on organized petty crimes is vague.
• Despite being legally sanctioned, tools like video conferencing for witness testimony (Section 530, BNSS) are rarely used.
• While medical reports for rape survivors are mostly submitted within the 7-day window, post-mortem reports still face delays.
• The MedLEaPR system, being piloted in Chhattisgarh, aims to digitally connect hospitals with police for faster report sharing.

Path Ahead: Policy Feedback and Infrastructure Investment

For reforms to take full effect, the following steps are essential:

• Institutionalise feedback mechanisms across IOs, state governments, and the judiciary to identify gaps and fine-tune procedures.
• Create a permanent legal review board to revise vague sections, simplify complex protocols, and close loopholes.
• Upgrade forensic and IT infrastructure, ensure adequate tablets and official devices for officers, and reduce reliance on personal phones.
• Expand training programs to improve digital literacy and professionalism among enforcement personnel.

Conclusion

A year after rollout, the Bharatiya Nyaya Sanhita (BNS), BNSS, and Bharatiya Sakshya Adhiniyam (BSA) have begun transforming India’s criminal justice system. Technological tools like e-Sakshya have already made notable contributions in improving investigative transparency and accountability.

However, the journey is far from over. Resource constraints, legal ambiguities, and technological disconnects still hinder full implementation. For these reforms to deliver lasting change, adaptive policy, strategic investments, and robust feedback systems are crucial.