Context

• In 2023, the Government of India undertook a sweeping reform of its colonial-era criminal laws by introducing three new criminal laws.
• One year into their implementation, the early outcomes of these legislative changes are beginning to take shape, particularly in the realm of policing and investigation.
• After a year, now it becomes imperative to critically examine the new criminal laws' implementation, highlight technological innovations, evaluate progress, and underscore continuing challenges.

Key Features of New Criminal Codes

• Legislative Overhaul and Structural Transition
  • The central government's legislative reforms marked a significant departure from colonial jurisprudence, attempting to modernize the administration of criminal justice.
  • As part of this process, the transition to the new codes has largely been smooth, thanks in part to digital platforms like the Crime and Criminal Tracking Network and Systems (CCTNS), a backbone of the Inter-operable Criminal Justice System (ICJS).
  • The CCTNS has enabled jurisdictional routing of zero FIRs and streamlined police operations across states.
  • The Ministry of Home Affairs (MHA) deserves credit for overseeing this crucial phase of systemic transformation at the ground level.
• Technological Integration through ‘e-Sakshya’
  • The hallmark of this reform has been the e-Sakshya mobile application, developed by the National Informatics Centre (NIC) in collaboration with the MHA.
  • This app allows real-time recording and preservation of evidence, such as photographs and videos, embedded with geo-coordinates and time stamps.
  • It complies with several mandatory provisions under the BNSS, including Sections 105, 173, 176, 180, 185, and 497, all of which emphasize the digital documentation of searches, seizures, statements, and property disposal.
  • Feedback from Investigating Officers (IOs) has been encouraging.
  • The app has introduced greater accountability, prevented delegation of investigation tasks to unauthorised personnel, and increased the credibility of the evidence by visibly involving witnesses at crime scenes.
  • Mandatory selfies and digital footprints left by IOs help ensure responsibility and eliminate ambiguities.
• Strengthening Forensic Practices
  • Another critical reform is the mandatory visit of a Forensic Science Laboratory (FSL) expert to crime scenes, as per Section 176 of the BNSS.
  • Despite limited growth in forensic infrastructure, this mandate ensures scientific rigor in crime scene analysis.
  • The government has responded with plans for institutions like the National Forensic Science University (NFSU) and a Central Forensic Science Laboratory (CFSL) in Raipur, which could address current deficiencies.

An Overview of Operational Challenges and Gaps

• Implementation of E-Sakshya
  • Courts have not yet integrated with the ICJS to directly access evidence from the National Government Cloud (NGC). As a result, IOs must still resort to submitting pen drives manually, adding to costs and redundancy.
  • The dependence on personal mobile phones for official tasks has been problematic.
  • The app requires Android 10+ devices with at least 1 GB storage, compelling IOs to upgrade at their own expense.
  • Limited tablets provided to police stations are insufficient to meet operational demand.
  • There are also software limitations. In non-linked FIR scenarios, only five Sakshya IDs can be generated offline, and image or video errors cannot be rectified in linked cases.
  • These constraints may undermine the app’s utility in critical situations.
  • Reluctance from accused persons to be digitally recorded while revealing crime details has emerged as another barrier, although such documentation could significantly boost conviction rates.
• Legal Ambiguities and Incomplete Digitization
  • Section 303 of the BNS does not clearly define when thefts under ₹5000 are to be treated as cognizable offences, while Section 112 on organised petty offences remains overly broad.
  • Furthermore, provisions such as video-conferencing for witness examination under Section 530 of the BNSS are underutilised, despite being legally permissible.
  • Although the seven-day limit for forwarding medical examination reports of rape survivors has been successfully implemented, post-mortem reports continue to be delayed.
  • The MedLEaPR system, still under testing in Chhattisgarh, promises to streamline this process by digitally linking hospitals with police systems.

The Way Forward: Feedback and Resource Allocation

• For the reforms to succeed fully, feedback loops from IOs, courts, and state governments must be institutionalised.
• An ongoing review mechanism should be established to revise ambiguous provisions, address legal loopholes, and simplify procedural bottlenecks.
• Moreover, the allocation of additional resources to forensic units, IT infrastructure, and training programs is urgently required.
• Ensuring that every police station is equipped with sufficient tablets and that officers no longer rely on personal devices is not just practical, it is essential for professionalism and data security.

Conclusion

• One year after their implementation, the new criminal laws, the BNS, BNSS, and, BSA represent a paradigm shift in India's criminal justice system.
• The integration of technology, particularly through tools like e-Sakshya, has brought a tangible difference to policing and investigations.
• Yet, operational challenges, infrastructural limitations, and legal ambiguities persist, calling for adaptive policymaking, robust training, and resource augmentation.