Introduction

The criminal justice system has, over the decades, been infused with colonial legislation that was enacted during the colonial era, including the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC) and the Indian Evidence Act, 1872. Although these laws have shaped the foundation of the legal system in India, throughout the years, they have proven to be ineffective in keeping up with the dynamics of the fast-changing, technologically advanced society. Aiming at a thorough reform, the Government of India formed the Committee for Reforms in Criminal Laws (CRCL) in 2020, headed by Professor (Dr.) Ranbir Singh. This plan resulted in the adoption of three historic legislations, i.e. Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarika Suraksha Sanhita, 2023. (BNSS) and Bharatiya Sakshya Adhaniyam, 2023. (BSA). These new criminal laws have come to replace the IPC, CrPC and Indian Evidence Act with effect from 1 July 2024, respectively. 

The Bharatiya Nyaya Sanhita, 2023, is the replacement of the IPC, which defines the offences and punishments according to the needs of modern society. The CrPC is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, which simplifies the criminal procedure and focuses on efficiency and victim-oriented justice. In a similar fashion, the Bharatiya Sakshya Adhiniyam, 2023, substitutes the Indian Evidence Act, which updates the evidentiary rules to include digital and electronic evidence. 

Definition and Relating Statutory Provisions by the New Criminal Laws

• Bharatiya Nyaya Sanhita, 2023

In 2023, the Indian Penal Code, 1860, was superseded by the Bharatiya Nyaya Sanhita, aiming to reform the foundations and modernize the criminal law in India. The law is very sophisticated as it reinforces measures concerning the crimes posing threats to the authenticity, integrity and unity of the country and also tackles the current offences like organized crimes and Terrorism. It distinguishes between minor and serious crimes and imposes an appropriate amount of punishment with heavier penalties on severe offences. Other crimes clearly identified in the Sanhita are snatching, which was treated indirectly in the stealing clauses.

BNS amalgamates and makes the criminal law more abridged by lessening the sections of the Criminal Law 511 under the IPC to 358.

Section 317 of the BNS contains under one roof the information concerning the stolen property, which had been scattered in Sections 410-414 of the IPC.

Provisions involved in abetment, criminal conspiracy, and attempt have been rationalized and recast in a logical manner.

All crimes against women and children are now put into Chapter V.

Crimes against the human body fall under Chapter VI.

• Bharatiya Nagarik Suraksha Sanhita, 2023

Bharatiya Nagarik Suraksha Sanhita, 2023, aims at enhancing the effectiveness of the procedures and providing a more victim-focused criminal justice system. It has made several reforms, one of which is the establishment of the mandatory forensic examination of severe crimes that are punishable by a sentence of 7 years or more. Another way through which the BNSS also accommodates technological growth is by allowing electronic ways of investigation, trial and proceedings, hence speeding up criminal proceedings. One of the significant procedural changes is the officialization of Zero FIR, where a victim can file an FIR at any police station regardless of where they are residing in terms of their territory, and then will later be transferred to the respective police station.

• E-FIR was introduced, and citizens could now file their complaints online.

• The requirements of Zero FIR statutory recognition, which would give cognizable offences instant registration.

• The victims have the right to know the progress of their case within a given time.

• Courts are not allowed to withdraw cases without providing an opportunity to be heard to the victim at their own cost.

• Obligatory forensic examination and video recording of the crime scenes in grave offences to avoid tampering with the evidence.

• Summons can be served electronically to cut the paperwork and procedures involved.

• Bharatiya Sakshya Adhiniyam, 2023

The Indian Evidence Act, 1872, has been changed to the Bharatiya Sakshya Adhiniyam, 2023, and this is an excellent change in the law of evidence to read the technological reality. The Act acknowledges the electronic records as primary evidence, which has made digital evidence equal in terms of evidence value as compared to traditional documentary evidence. It is also efficient in providing oral evidence electronically and allows the witnesses to provide evidence remotely. These reforms also increase access and efficiency without compromising the needy principles of evidentiary law.

• Evidence should either pertain to a fact in issue or be relevant in order to be admissible.

• A fact is declared proved when the court feels that it exists based on evidence.

• Confessions made to the police officers will not be used as any evidence, unless given as a result of uncovering a fact, thus maintaining protection against coercion.

Comparison of new and old laws of crime

In comparison with the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023.

• Offence of Mob Lynching: The mob lynching has been factored in the Bharatiya Nyaya Sanhita under the head of offences, connected with murder, with reference to the findings made by the Supreme Court in the case Tehseen S. Poonawalla v. Union of India, (2019) 15 SCC 649. Though this constitutes a big move in legislating the issue of mob violence, the gap in the Act is found in the inability to specifically state that religion is a particular basis of mob lynching. 

• Defined offence of Terrorism, including abetment, harbouring and conspiracy: The BNS also brings an expanded definition of Terrorism, in the general criminal law, to include even financial crimes like forging Indian currency. The clause gives power of discretion to the police officers who are not less than the rank of Superintendent of Police to determine whether to apply the general law or the Unlawful Activities (Prevention) Act, 1967. Opponents would say that the inclusion of Terrorism into the overall system of penalties would lead to the de-escalation of the seriousness of the crime, which should be under special laws.

• In the respects of the crimes against which it was chiefly designed, accordingly, as contrasted with Treason: Among the most notable amendments is the abolishment of Section 124A of the IPC, which made the crime of sedition a criminal offence and was unpopularly known as the prince of all the political parts of the IPC by Mahatma Gandhi. In spite of the fact that the offence of sedition in the new Code is deleted, there are still fears that the newly introduced offence of Treason is also written with equally vague words. It is yet to be determined, therefore, whether this reform actually eradicates the remnants of colonialism or reinstates itself, but in another way.

Bharatiya Nagarik Suraksha Sanhita, 2023, as compared to the Code of Criminal Procedure, 1973: Verdicts and charge sheets Timetables

BNSS presents systematically planned schedules with the view of reducing any delays in procedures. It stipulates a time duration of 30 45 days within which the pronunciation of judgment must be made upon the end of arguments, which the CrPC does not have. The Code also limits the adjournments and fixed schedules to discharge accused individuals, in case of non-appearance of complainants. Moreover, the charge sheets must be submitted within 180 days, and magistrates must take cognizance of the charge within 14 days.

• Provision of Zero FIR: The BNSS formally appreciates the idea of Zero FIR to allow victims to make FIRs in any police station regardless of territorial jurisdiction, where there will be a compulsory transfer to the correct station. Although such codification enhances access to justice for the victims, it is a challenge to be effectively implemented at the grassroots level despite previous judicial instructions.

Bharatiya Sakshya Adhiniyam, 2023, as compared to the Indian Evidence Act, 1872

Admissible Electronic evidence will be permitted as per the case law (Klein, 2015)

• Admissibility of electronic evidence: The Bharatiya Sakshya Adhiniyam reformulates the evidentiary rules, giving comprehensive certification of electronic evidence. The list of persons who qualify to be listed as the authorized signatories has also been extended to the persons who are in control of the computer or communication gadget, as well as experts, hence making it easier to handle the digital records.

• Audio-visual means: Proceedings acceptance by audio-visual means: The Act gives statutory protection to the behaviour of proceedings by audio-visual means, such as attorney questioning of witnesses, recording of evidence and other trial proceedings. This reform has been a deliberate change towards the introduction of technology into the justice delivery system.

Case Laws:

Delhi High Court (2025): Question on the Solitary confinement of BNS.

• Applicable Section: Chapters 11 and 12, Bharatiya Nyaya Sanhita, 2023.

• Facts & Issue: Sunil Gupta, a former Tihar Jail official, filed a Public Interest Litigation, claiming that a section of the BNS creating provisions that condone solitary confinement as a sentencing undertaking was unconstitutional. The petitioner contended that such provisions infringe Articles 14, 19, and 21 of the Constitution since they reinstated the colonial period of penal isolation in the name of rehabilitation.

• Judicial Observation: The Delhi High Court paired up this petition with similar cases and concurred to look into the question of whether solitary confinement under the BNS is in line with the contemporary constitutional and human rights limits.

• Key Takeaway: Such a case is one of the most primitive constitutional tests of the substantive punishment structure of the BNS and an indication of judicial readiness to question the adherence of new penal clauses to human rights principles.

Bombay High Court (2025): Dismissal of FIR in terms of section 69, BNS.

• Applicable Clause: Section 69, Bharatiya Nyaya Sanhita, 2023.

• Facts & Issue: Section 69 (sexual intercourse by deceit) was the basis of the FIR filed based on an online matrimonial relationship. After that, the complainant said that she did not wish to proceed after an amicable settlement.

• Judicial Observation: The Bombay High Court dismissed the FIR by stating that further criminal investigation would not be of any use when even the complainant did not want to continue the prosecution.

• Key Takeaway: This ruling demonstrates how new crimes created by the BNS are being put into practice, whereby procedural protections are in place, in that the criminal law is not being employed as a harassing weapon in consensual relationships in the digital age.

Practical Applications

Connotation on Policing and Investigation

• BNSS with mandatory Zero FIR provisions increase access of victims to justice, particularly in inter-jurisdictional offences.

• Time scales associated with filing charge sheets and taking cognizance are designed to shorten the time demands tied to investigation, but there are still problems in the implementation at the ground level.

Digitization of Criminal Allure.

• Electronic services of summons, e-FIRs, and audio-visual recording of evidence are adopters of a move towards technology-enhanced justice.

• Unequal infrastructure and digital literacy, however, can also influence the consistent implementation on an institutional level.

Victim-Centric Reforms

• Participatory justice is enhanced by giving statutory rights to victims to receive updates on the cases and hear cases before the withdrawal of cases.

• They are additions to provisions that are required by the constitution but mandated by the necessity of a good monitoring mechanism to promote compliance.

Implementation Problems.

• Given the offences subject to forensic requirements which carry a punishment of seven years or above, the current forensic infrastructure might be pressured.

• The use of general law over what special statutes (e.g. those dealing with Terrorism) implies by police discretion opens up a problem of inconsistency.

Conclusion

Another vital point in the reformation of the criminal justice system of India was that the initial step happened with the emergence of a series of judicial decisions under the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). The above cases demonstrate that the new criminal statutes are being treated by the courts as living statutes that must be closely interpreted in the context of the individual rights, constitutional values and prevailing social conditions instead of a mere substitute for the IPC and CrPC. All in all, these initial examples indicate that judicial interpretation that ensures justice, proportionality, and constitutional consistency is going to be as significant to the efficacy of the new criminal laws as a legislative goal. With the increasing criminal justice cases being under the BNS, BNSS, and BSA, the judiciary will play a critical role in the establishment of an effective, rights-oriented, and sensitive criminal justice system.

References

1. Statutes

• Bharatiya Nyaya Sanhita, 2023.

• Bharatiya Nagarik Suraksha Sanhita, 2023.

• Bharatiya Sakshya Adhiniyam, 2023.

• Indian Penal Code, 1860 (repealed).

• Code of Criminal Procedure, 1973 (repealed).

• Indian Evidence Act, 1872 (repealed).

• Constitution of India.

• Unlawful Activities (Prevention) Act, 1967.

2. Case Laws

• Tehseen S. Poonawalla v. Union of India, (2018) 9 SCC 501.

• Sunil Gupta v. Union of India, Public Interest Litigation, Delhi High Court, 2025 (challenge to solitary confinement under Bharatiya Nyaya Sanhita, 2023).

• X v. State of Maharashtra, Bombay High Court, 2025 (quashing of FIR under Section 69, Bharatiya Nyaya Sanhita, 2023).

3. Reports & Secondary Sources

• Committee for Reforms in Criminal Laws, Report on Reform of Criminal Laws, Government of India, 2022.

• Ministry of Home Affairs, Government of India, Statement of Objects and Reasons to the Bharatiya Nyaya Sanhita Bill, 2023.

• Ministry of Home Affairs, Government of India, Statement of Objects and Reasons to the Bharatiya Nagarik Suraksha Sanhita Bill, 2023.

• Ministry of Home Affairs, Government of India, Statement of Objects and Reasons to the Bharatiya Sakshya Adhiniyam Bill, 2023.

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