One Year of New Criminal Codes in India: Transforming Justice Through Technology

The new criminal codes in India were implemented in 2023, marking a historic departure from colonial-era laws. The Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act were replaced by the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), respectively. These reforms aim to modernize India’s criminal justice system and align it with contemporary needs through greater use of technology, streamlined procedures, and enhanced accountability.

Digital Integration and Tools

• The transition is managed through platforms such as CCTNS within the framework of ICJS.
• The e-Sakshya application has been introduced for the real-time collection of digital evidence, complete with geotags and timestamps.
• Data storage is facilitated through the National Government Cloud (NGC) and Sakshya lockers.

Legal and Investigative Improvements

• The use of electronic methods for recording evidence is mandated under BNSS.
• The involvement of FSL experts and police dogs is required at crime scenes.
• There is a proposal for the establishment of CFSL and NFSU in Chhattisgarh.

Operational Challenges

• Courts are not fully integrated with ICJS, which hampers direct access to evidence.
• Investigating Officers (IOs) resort to using personal devices due to a lack of official resources.
• The application has limitations, including restrictions on offline video usage and compatibility issues.

Forensic and Judicial Delays

• The delivery of post-mortem reports is slow, despite initiatives such as MedLEaPR.
• Cyber forensic laboratories have not yet been notified under the IT Act.
• Certain new provisions under BNS exhibit a lack of clarity and consistency in their enforcement.

Recommendations and Feedback

• There is a necessity for structured feedback from field officers.
• More resources should be allocated to ICT and forensic services.
• It is essential to ensure that court systems evolve in tandem with advancements in policing technology.

Conclusion

The initial year of executing the new criminal codes in India has introduced a technology-driven, transparent structure that improves the efficiency of law enforcement and fosters public confidence. Nevertheless, challenges such as infrastructural deficiencies, operational obstacles, and the integration of the judiciary persist. Ongoing investment in resources, collaborative training, and systematic feedback will be crucial for realizing the complete potential of these reforms and for establishing a fair, responsive, and contemporary criminal justice system.