Criminal Justice Reform in India: How BNS, BNSS & BSA Transform the Legal System

 

Introduction

India’s criminal justice system has undergone one of the most significant transformations since independence. After over 160 years, the colonial-era legal framework that governed criminal jurisprudence in the country has been completely overhauled. This historic shift represents not merely a change in nomenclature, but a fundamental reimagining of how justice is administered, how crimes are defined, and how the rights of both accused persons and victims are protected within the Indian legal system.

The replacement of the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, with three new legislative instruments—the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA)—marks a watershed moment in Indian legal history. These new laws came into effect on July 1, 2024, signaling a decisive break from the colonial past and an embrace of modern, technology-driven, victim-centric jurisprudence.[1]

This transformation was not sudden. It was preceded by extensive deliberations, consultations with state governments, and reviews conducted by specialized government bodies. The Ministry of Home Affairs initiated a nationwide consultation process in 2020, seeking inputs from all state governments and union territories on necessary reforms in criminal laws. The Bureau of Police Research and Development (BPR&D), established in 1970 under the Ministry of Home Affairs, played a crucial role in reviewing these laws and facilitating the implementation of the new legal framework.[2]

The Historical Context of India’s Criminal Justice Laws

The Colonial Legacy

The Indian Penal Code was drafted by the First Law Commission of India, chaired by Lord Thomas Babington Macaulay, in 1834 and was finally enacted in 1860. For over a century and a half, this code served as the primary instrument for defining crimes and prescribing punishments in India. The Code of Criminal Procedure, initially enacted in 1882 and later revised in 1973, provided the procedural framework for criminal justice administration. The Indian Evidence Act of 1872 laid down the rules for admissibility and evaluation of evidence in Indian courts.

These laws were products of their time, designed to serve the administrative needs of a colonial power rather than to uphold democratic values or protect fundamental rights. While they provided a structured legal system, they were inherently oriented toward maintaining order and exercising control over the colonized population. Many provisions reflected the priorities and prejudices of the colonial era, with limited focus on individual liberty, victim rights, or restorative justice.

Post-independence, while India adopted a progressive Constitution that guaranteed fundamental rights and established a democratic framework, the substantive and procedural criminal laws remained largely unchanged. Amendments were made periodically to address emerging challenges, but these were often piecemeal and reactive rather than part of a coherent, comprehensive reform strategy.

The Call for Reform

By the early 21st century, the inadequacies of these colonial-era laws had become increasingly apparent. The criminal justice system faced criticism on multiple fronts: the definitions of certain offenses were ambiguous or outdated, procedural delays were endemic, victim rights were inadequately protected, and the laws failed to address modern forms of crime effectively. Perhaps most significantly, many provisions were incompatible with constitutional principles of equality, dignity, and individual liberty that had evolved through decades of judicial interpretation.

The need for reform became particularly urgent in the context of landmark Supreme Court judgments that struck down several provisions of the IPC as unconstitutional. The decriminalization of consensual homosexual relations, the abolition of criminal penalties for adultery, and the invalidation of criminal defamation provisions signaled that the legal framework was out of step with contemporary constitutional values. These developments made it clear that incremental amendments were insufficient—what was needed was a fundamental rethinking of the entire criminal justice architecture.

The Genesis of the New Criminal Laws

The Consultation Process

In 2020, the Union Ministry of Home Affairs initiated a comprehensive consultation process, calling upon all state governments and union territories to submit their suggestions for reforming criminal laws. This inclusive approach recognized that criminal justice administration is not solely a central government responsibility but involves cooperation between the Centre and the states. The consultation process sought to incorporate diverse perspectives, regional concerns, and ground-level experiences of law enforcement and judicial officers.

The Bureau of Police Research and Development was entrusted with the technical review of the existing laws—the IPC, CrPC, Indian Evidence Act, and the Narcotic Drugs and Psychotropic Substances Act. BPR&D, which has been instrumental in police modernization since its establishment in 1970, brought its expertise in research, development, and training to bear on this massive undertaking.[2] The organization conducted extensive studies, reviewed international best practices, and consulted with legal experts, academicians, and civil society organizations.

Legislative Process

The legislative journey of the new criminal laws began on August 11, 2023, when the Union Home Minister introduced three bills in the Lok Sabha: the Bharatiya Nyaya Sanhita Bill, 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and the Bharatiya Sakshya Bill, 2023. These bills were then referred to the Standing Committee on Home Affairs for detailed examination. After incorporating the Committee’s recommendations, revised versions of these bills—the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Bharatiya Sakshya (Second) Adhiniyam, 2023—were introduced on December 12, 2023.[3]

Parliament passed these bills in December 2023, and they received the assent of the President of India on December 25, 2023. The government then embarked on an extensive preparation phase, developing training modules, creating digital infrastructure, and conducting capacity-building programs for police officers, prosecutors, and judicial officers across the country. This preparatory period culminated in the laws coming into force on July 1, 2024.[1]

Understanding the New Criminal Justice Laws

The Bharatiya Nyaya Sanhita, 2023

The Bharatiya Nyaya Sanhita replaces the Indian Penal Code and represents a comprehensive redefinition of criminal offenses and punishments in India. With 358 sections compared to the IPC’s 511 sections, the BNS is more streamlined and focused. It eliminates obsolete provisions while introducing new offenses that reflect contemporary social realities and emerging forms of criminal conduct.

One of the most significant changes in the BNS is its enhanced focus on crimes against women and children. The law introduces stricter penalties for sexual offenses, including mandatory minimum sentences for gang rape and provisions addressing new forms of sexual exploitation such as deceitful sexual relations based on false promises of marriage. The BNS also introduces the concept of organized crime and terrorism as distinct categories of offenses, recognizing the need for specialized legal frameworks to address these complex threats.

The new law eliminates several archaic provisions that had become redundant or were inconsistent with constitutional values. It also seeks to provide clearer definitions and reduce the ambiguity that had plagued certain provisions of the IPC, particularly the distinction between culpable homicide and murder, which had been described as the weakest part of the old code. The BNS aims to make the law more accessible and comprehensible to both legal professionals and ordinary citizens.

The Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita replaces the Code of Criminal Procedure and revolutionizes criminal procedure in India. The BNSS emphasizes expeditious justice, transparency, and the use of technology in criminal investigations and trials. One of its most transformative features is the provision for filing First Information Reports (FIRs) online, eliminating the need for physical presence at police stations and potentially reducing harassment and delays.[3]

The BNSS mandates the use of audio-video recording during searches, seizures, and arrests, bringing unprecedented transparency to police actions and creating an evidentiary record that can protect both the accused and the investigating officers. It expands the scope of evidence collection by integrating forensic science at every stage of investigation, making scientific evidence a central component of criminal prosecution rather than a supplementary tool.

Significant changes have also been made to bail provisions. The BNSS allows for police custody even after the first fifteen days of arrest, a departure from the previous framework. It also introduces timelines for various stages of trial, aiming to reduce the notorious delays that have plagued the Indian criminal justice system. The emphasis throughout is on balancing the powers of the state with the rights of individuals, ensuring that criminal procedure serves justice rather than becoming an impediment to it.

The Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam replaces the Indian Evidence Act and modernizes the rules of evidence for the digital age. Recognizing that much of contemporary life and communication occurs in digital spaces, the BSA provides clear frameworks for the admissibility and authentication of electronic evidence. It addresses issues such as the evidentiary value of emails, social media posts, electronic documents, and digital signatures.

The BSA maintains the fundamental principles of evidence law—relevance, admissibility, and burden of proof—while updating them for contemporary contexts. It simplifies certain procedural requirements and eliminates provisions that had become obsolete in the modern era. The law also strengthens protections for vulnerable witnesses, including provisions for remote testimony and special procedures for examining child witnesses and victims of sexual offenses.

Key Reforms and Their Implications 

Technological Integration and Digitalization

Perhaps the most visible transformation brought about by the new laws is the integration of technology throughout the criminal justice process. The provision for online FIR registration represents a paradigm shift in police-citizen interaction. Citizens can now report crimes from anywhere, at any time, without the fear of being turned away by police officers or facing procedural harassment. This reform has particular significance for marginalized communities and women, who have historically faced barriers in accessing the criminal justice system.

The mandatory videography of searches, seizures, and arrests creates an objective record that can be crucial in determining whether proper procedures were followed. This transparency mechanism serves multiple purposes: it protects citizens from potential abuse of power, shields honest officers from false allegations, and creates clear evidence that courts can rely upon. The implementation of this provision required significant investment in equipment, training, and digital infrastructure, but early reports suggest it has been effective in enhancing accountability.[1]

Forensic science has been elevated from an optional investigative tool to a mandatory component of serious crime investigation. The BNSS requires forensic examination in cases involving offenses punishable with seven years or more imprisonment. This shift recognizes that modern criminal investigation must be science-based rather than relying primarily on confessions or circumstantial evidence. It necessitates the expansion of forensic laboratories, training of personnel, and development of standardized protocols across the country.

Victim-Centric Approach

The new laws mark a decisive shift toward a victim-centric model of criminal justice. Traditional criminal jurisprudence often treated crime primarily as an offense against the state, with the victim relegated to the role of a witness. The new laws recognize victims as stakeholders with independent rights and entitlements throughout the criminal justice process.

Enhanced provisions for victim protection, compensation, and participation in proceedings reflect this changed perspective. The laws mandate that victims be kept informed about the progress of investigation and prosecution, creating transparency and accountability. Provisions for victim impact statements allow courts to consider the harm suffered by victims when determining sentences. The introduction of community service orders and restitution as forms of punishment reflects a move toward restorative justice principles, where the goal is not merely to punish the offender but to repair the harm caused to victims and communities.

Sentencing Reforms and Judicial Discretion

The new laws introduce greater structure and guidance for sentencing decisions. While maintaining judicial discretion in determining appropriate punishments, they provide clearer frameworks and principles that judges must consider. This reform addresses the long-standing criticism that sentencing in India has been arbitrary and unprincipled, with similar offenses receiving vastly different punishments based on individual judicial discretion.

The introduction of mandatory minimum sentences for certain serious offenses, particularly sexual crimes against women and children, reflects a policy choice to emphasize deterrence and retribution for the most heinous crimes. However, the laws also expand the use of alternative sanctions such as community service orders, fines, and restitution, recognizing that not all offenses warrant imprisonment and that for many offenders and offenses, non-custodial sentences may be more effective in preventing recidivism and reintegrating offenders into society.

Addressing Modern Forms of Crime

The new laws respond to forms of criminal activity that did not exist or were not widely prevalent when the colonial-era laws were drafted. Organized crime, terrorism, cybercrime, and various forms of economic offenses receive specific attention and are addressed through tailored provisions. The BNS introduces comprehensive definitions of terrorism and organized crime, moving away from the previous practice of addressing these through special legislation that operated parallel to the general criminal law.

The laws also address contemporary social issues such as mob lynching, hate crimes, and crimes motivated by identity-based prejudice. These provisions reflect the recognition that criminal law must respond to emerging patterns of social conflict and violence. The emphasis on these crimes signals a commitment to protecting vulnerable groups and maintaining social harmony in an increasingly diverse and complex society.

Challenges in Implementation of New Criminal Laws

Capacity Building and Training

The successful implementation of the new laws depends critically on the capacity of the criminal justice system to adapt to the changes. Judges, prosecutors, police officers, and defense lawyers all need to understand not just the letter of the new laws but their spirit and philosophy. The government has conducted extensive training programs, but the scale of the challenge is immense given the size of India’s criminal justice system.

Police forces across the country have had to learn new procedures, familiarize themselves with new offenses and penalties, and adapt to technology-driven investigation methods. Judges have had to understand new provisions, new sentencing frameworks, and new rules of evidence. The transition period has inevitably involved confusion, mistakes, and growing pains. Ongoing training, clear guidelines, and responsive administrative support will be essential for effective implementation.

Technological Infrastructure

The ambitious technological reforms in the new laws require corresponding investment in infrastructure. Online FIR registration systems must be robust, secure, and user-friendly. Video recording equipment must be available to all police stations. Forensic laboratories must be expanded and equipped to handle the increased volume of cases. Digital case management systems must be implemented across courts. These requirements necessitate substantial financial investment and technical expertise.

There are also concerns about digital divides—not all citizens have equal access to technology or the skills to use it. While online FIR registration may be convenient for urban, tech-savvy citizens, it may be less accessible for rural populations or elderly persons. The system must ensure that technological advancement does not inadvertently create new barriers to justice for marginalized groups.

Balancing Efficiency and Rights

The new laws aim to expedite criminal justice while protecting individual rights—a delicate balance that is difficult to achieve in practice. Provisions allowing extended police custody and faster trials could, if not carefully implemented, lead to compromises in due process. The emphasis on forensic evidence is valuable, but it should not lead to reduced scrutiny of police investigation methods or create an over-reliance on scientific evidence that may itself be subject to human error or bias.

There are concerns that the focus on efficiency and disposal of cases may come at the cost of thoroughness and fairness. The criminal justice system must move faster, but not at the expense of the presumption of innocence, the right to a fair trial, or the requirement that guilt be proved beyond reasonable doubt. Striking this balance will require vigilance from the judiciary, active participation from the defense bar, and monitoring by civil society organizations.

Transitional Justice Issues

The new laws explicitly provide that offenses committed before July 1, 2024, will continue to be governed by the old laws—the IPC, CrPC, and Evidence Act. This creates a situation where two parallel legal frameworks will operate simultaneously for years, if not decades, as pending cases work their way through the system. This duality creates complexity for legal practitioners and courts, requires maintenance of expertise in both old and new frameworks, and may create confusion about which provisions apply in specific situations.

There are also questions about how transitional provisions will handle cases where some acts occurred before July 1, 2024, and some after, or where investigation began under the old law but trial occurs under the new law. These issues will likely generate litigation and require judicial clarification over time.

The Philosophical Foundation of Reform

Constitutional Morality and Individual Liberty

The new criminal laws are grounded in the principle of constitutional morality—the idea that criminal law must reflect and reinforce the values enshrined in the Constitution. The reforms prioritize individual liberty, recognizing that criminal law represents the most intrusive exercise of state power over individuals. The philosophy underlying the new laws is that crimes should be defined narrowly, punishments should be proportionate, and the presumption of innocence should be zealously protected.

This represents a significant departure from the colonial-era approach, which prioritized social control and the maintenance of order over individual rights. The new laws reflect the understanding that in a democratic society, criminal law must serve not just to punish wrongdoers but to protect the innocent, ensure fairness, and maintain public confidence in the justice system.

Restorative and Reformative Justice

The new laws incorporate principles of restorative justice—the idea that the criminal justice system should focus not merely on punishing offenders but on repairing harm, reintegrating offenders, and healing communities. The introduction of community service orders, emphasis on victim compensation, and provisions for mediation and plea bargaining reflect this philosophy.

There is also a greater emphasis on the reformative goal of punishment. The recognition that most offenders will eventually return to society, and that the criminal justice system should facilitate their rehabilitation and reintegration, informs various provisions of the new laws. This balanced approach—combining punishment where necessary with opportunities for reform—reflects modern criminological understanding of what makes criminal justice effective.

Looking Forward: The Future of Criminal Justice in India

Continued Refinement and Amendment

The new criminal laws represent a major achievement, but they are not the final word on criminal justice reform. Like any legislation, they will require refinement based on practical experience. Courts will interpret provisions, practitioners will identify ambiguities or gaps, and social changes will necessitate further amendments. The legislative process must remain responsive to these needs.

There is also a need for regular, systematic review of the criminal justice system. Rather than waiting decades for comprehensive reform, mechanisms should be established for ongoing evaluation and adjustment. The approach to criminal law reform should be iterative rather than periodic—constantly learning, adapting, and improving based on evidence and experience.

Integration with Broader Justice System Reforms

Criminal law reform cannot succeed in isolation. It must be accompanied by reforms in judicial infrastructure, police administration, prosecution services, and legal aid. The promise of speedier justice will remain unfulfilled if courts remain overburdened and understaffed. The emphasis on forensic science will be meaningless without adequate laboratories and trained personnel. The protection of rights will be hollow without access to competent legal representation for those who cannot afford it.

Comprehensive justice system reform requires investment in infrastructure, human resources, and technology. It requires systemic changes in how police forces are managed and held accountable. It requires strengthening of prosecution services and ensuring their independence. It requires expanding legal aid and making it more effective. The new criminal laws create a framework for better justice, but realizing that potential depends on addressing these broader systemic issues.

Public Awareness and Engagement

For criminal law reforms to be successful, citizens must understand and engage with them. The new laws affect every person in the country—everyone is potentially a victim, a witness, or in some circumstances, an accused. Public awareness campaigns must ensure that people understand their rights and responsibilities under the new legal framework. The justice system must be demystified and made more accessible to ordinary citizens.

Civil society organizations, media, and educational institutions all have roles to play in this process. Legal literacy programs should incorporate the new laws. Media coverage should go beyond sensational crime reporting to educate citizens about how the criminal justice system works and how they can interact with it effectively. Law schools must update curricula to ensure that future lawyers are thoroughly grounded in the new legal framework.

Conclusion

The replacement of colonial-era criminal laws with the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam represents a historic transformation in Indian legal history. These new laws embody a vision of criminal justice that is fair, efficient, transparent, and aligned with constitutional values. They incorporate modern technology, emphasize victim rights, and seek to balance the imperative of social order with the protection of individual liberty.

The success of these reforms will not be determined solely by the quality of the legislation but by how effectively it is implemented. The coming years will be a period of learning, adaptation, and refinement. Challenges will emerge, and the legal community, law enforcement, judiciary, and civil society must work collaboratively to address them. The new laws provide a framework—realizing their promise requires sustained effort, adequate resources, and unwavering commitment to the principles of justice they embody.

As India moves forward with this transformed criminal justice system, the focus must remain on the ultimate goal: a system that deters crime effectively, protects the innocent zealously, punishes the guilty fairly, and maintains public confidence in the rule of law. The new criminal laws are not merely a rejection of the colonial past but an affirmation of India’s democratic present and a foundation for a more just future.

References

[1] Drishti IAS. (2024). New Criminal Laws Come into Force. Available at: https://www.drishtiias.com/daily-updates/daily-news-analysis/new-criminal-laws-come-into-force 

[2] Bureau of Police Research and Development. (n.d.). About Us. Ministry of Home Affairs, Government of India. Available at: https://bprd.nic.in/page/aboutus 

[3] PRS Legislative Research. (n.d.). The Bharatiya Nagarik Suraksha Sanhita, 2023. Available at: https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023 

[4] Ministry of Home Affairs. (n.d.). New Criminal Laws. Government of India. Available at: https://www.mha.gov.in/en/commoncontent/new-criminal-laws 

[5] India Code. (2023). Bharatiya Nyaya Sanhita, 2023. Available at: https://www.indiacode.nic.in/handle/123456789/20062 

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[7] Bar and Bench. (2024). India’s three new criminal laws replacing IPC, CrPC and Evidence Act to come into force from July 1. Available at: https://www.barandbench.com/news/indias-three-new-criminal-laws-replacing-ipc-crpc-evidence-act-come-into-force-july-1 

[8] Wikipedia. (2025). Indian Penal Code. Available at: https://en.wikipedia.org/wiki/Indian_Penal_Code 

[9] Wikipedia. (2025). Bharatiya Nagarik Suraksha Sanhita, 2023. Available at: https://en.wikipedia.org/wiki/Bharatiya_Nagarik_Suraksha_Sanhita