Context

• The recent overhaul of India's criminal justice framework, marked by the introduction of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), has generated significant debate.
• Replacing the longstanding Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act, this new legislation aims to safeguard public rights and adapt to modern-day needs.
• However, the implementation of these ambitious reforms presents significant challenges, raising concerns about the justice system's preparedness and the broader socio-legal implications.

Some Newly Proposed Criminal Codes and Challenges in Their Implementation

• Speeding Up Trials: A Strained Judicial System
  • One of the key aspects of the new laws is the emphasis on expediting legal proceedings.
  • For instance, judgments must now be delivered within 45 days after trial completion, and charges framed within 60 days of the first hearing.
  • These stringent timelines aim to address delays in the judicial process, but they raise valid concerns about whether the system is equipped to meet these demands.
  • As of 2024, data from the National Judicial Data Grid (NJDG) reveals that there are over 5.1 crore cases pending across Indian courts.
  • The workload for judges has increased from an average of 2,391 cases per judge in 2022 to 2,474 in 2024, which highlights the system's inability to process cases swiftly.
  • The result is a growing number of individuals held in pre-trial detention.
  • Between 2020 and 2022, the number of undertrials rose from 3.7 lakh to 4.2 lakh, signalling that delays in the system often come at the cost of personal liberty.
• Bail Reforms: From ‘Bail Not Jail’ to Ground Realities
  • In response to concerns over the extended detention of undertrial prisoners, the BNSS extends the provision of bail, allowing first-time offenders who have served a third of their sentence to apply for bail.
  • This is a welcome reform as it shortens the time frame under which bail can be sought, reflecting a shift toward prioritising personal liberty.
  • However, the system’s inability to function effectively is primarily due to a shortage of human resources.
  • For instance, lower courts in India face a 21% vacancy rate, while the high courts experience a 30% vacancy.
  • This means that one in every three judges is absent, causing a significant backlog in cases.
  • The lack of judges also exacerbates the need for greater investment in physical infrastructure and administrative support.
  • Without addressing these structural issues, the reforms around bail may remain theoretical.
• Gender-Based Violence: Inadequate Representation and Resources
  • The new laws also focus on improving justice for victims of sexual violence, mandating that their statements be recorded by female police officers and video graphed.
  • While the intention is to make the process more victim-friendly, several logistical and ethical challenges arise.
  • The assumption that female officers will increase reporting rates lacks solid evidence, and there are concerns regarding privacy and the willingness of complainants to be recorded.
  • More critically, there is a shortage of qualified female officers.
  • Currently, 80% of women in the police force hold constabulary positions, which leaves only a small number capable of handling sensitive cases.
  • This shortage can impede efforts to develop trust between victims and law enforcement, potentially discouraging survivors from coming forward.

Another Major Obstacle: Capacity Gaps in Forensic and Technological Advancements

• In line with the push for more rigorous, evidence-based law enforcement, the new laws mandate the use of forensic investigations for crimes punishable by seven years or more, and videography for search and seizures.
• While this move toward scientific inquiry is commendable, it highlights a severe shortage in forensic capacity.
• India currently faces a chronic shortage of forensic laboratories, trained professionals, and adequate infrastructure.
• The gap between the demand for forensic services and the available resources could worsen, even with the government’s National Forensic Infrastructure Enhancement Scheme, which allocates Rs 2,254 crore for upgrading forensic capabilities.
• The success of these reforms depends not only on financial investment but also on bridging the mismatch between human resources and the increasing complexity of forensic investigations.

Necessary Steps to Address the Challenges in Implementation of New Criminal Codes

• Ensuring the Integrity of Evidence
  • The reliance on technology in law enforcement also brings its own set of challenges, especially regarding the authenticity and preservation of electronic evidence.
  • Courts must ensure that evidence is tamper-proof and that the chain of custody remains intact throughout the judicial process.
• Technological and Judicial Upskilling
  • To ensure the integrity of evidence, judges need specialised training to assess the validity of electronic and forensic evidence.
  • Experts must be independent, qualified, and available for cross-examination to ensure that their findings are reliable.
  • Rapid technological advancements mean that both legal procedures and judicial mindsets must evolve to accommodate these changes.
• Addressing Structural and Training Gaps
  • At the core of these new mandates lies the need for comprehensive, cross-sectoral training.
  • Decades of neglect in the training infrastructure for the police, forensic personnel, public prosecutors, defence counsel, and judges have left a significant gap in knowledge and skills.
  • The success of the BNS, BNSS, and BSA depends on equipping these stakeholders with the necessary tools to apply the law fairly and effectively.
  • Without urgent reforms to address human resource shortages, training gaps, and the technological complexities of modern law enforcement, the promise of a faster, more accessible, and equitable criminal justice system may remain unfulfilled.
  • A cost-benefit analysis that weighs the costs of improving judicial infrastructure against the administrative costs of prolonged trials and incarceration is essential to ensure that these reforms are more than just symbolic gestures.

Conclusion

• The introduction of the BNS, BNSS, and BSA is an ambitious attempt to modernise India's criminal justice system.
• However, its success depends on more than legislative reform; it requires addressing long-standing structural deficits, ensuring sufficient human and financial resources, and providing comprehensive training across the board.
• Without tackling these foundational issues, the goals of a faster, more equitable system will remain unattainable, leaving the reform process incomplete.