India’s three new criminal laws — Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) — replaced colonial-era laws in 2024.
One year into implementation, challenges and innovations, such as e-Sakshya, are shaping the future of policing and justice delivery.
Key Highlights:
The Indian Penal Code (IPC) was replaced with BNS, CrPC with BNSS, and the Indian Evidence Act with BSA in 2024.
Most FIRs are registered digitally via CCTNS, facilitating smooth adaptation to new laws across police stations.
The e-Sakshya mobile application, developed by NIC in consultation with MHA, enables real-time photo/video capture of evidence with geo-tags and timestamps.
The app currently supports six BNSS provisions related to search, seizure, witness recording, and custody of property.
Mandatory forensic expert presence at crime scenes under Section 176 BNSS is improving investigation quality.
New institutions like National Forensic Sciences University (NFSU) in Raipur are being established to strengthen forensic capacity.
Detailed Insights:
e-Sakshya captures images and videos of crime scenes, creating tamper-proof digital evidence; these are stored in National Government Cloud (NGC) under Sakshya Lockers.
The app helps ensure that Investigating Officers (IOs) cannot unofficially delegate fieldwork, as selfies and timestamps record their presence.
Public transparency has increased as evidence is digitally recorded with location and time data, reducing room for manipulation.
Despite digital storage, courts are not yet directly integrated with Interoperable Criminal Justice System (ICJS) for evidence access; IOs still use pen drives, causing duplication and cost.
IOs use personal mobile phones, as e-Sakshya only supports Android 10+ with 1 GB free storage; many police stations have just one tablet, insufficient for multiple IOs.
Videos are capped at 4 minutes each, with no cap on total number, but app usability suffers in offline mode due to limited SID creation (max 5).
Reluctance from accused during electronic recording (e.g., weapons recovery) is noted but expected to decrease as the system matures.
The app auto-generates hash values (SHA-256) and certificates, authenticating secondary electronic evidence.
Cybercrime investigations require more support; many state forensic labs aren’t yet notified under the IT Act, delaying expert testimonies.
Ambiguity in petty offence definitions under Section 303(1) & Section 112 BNS creates inconsistency—e.g., thefts under ₹5000 are non-cognisable, but gambling offences are still registered.
Section 530 BNSS allows video conferencing for witness examination, including IOs, but is not yet widely implemented.
Delayed post-mortem reports continue to be a major pain point for IOs, impacting rape and homicide case timelines.
Broader Implications:
The success of India’s criminal justice reforms hinges not just on law but on infrastructure, digital capacity, and judicial responsiveness.
Highlights the need for collaborative reform — across police, judiciary, health, and IT sectors.
Way Forward
Direct ICJS access for courts to remove redundancy in evidence handling.
More devices (phones/tablets) and Android support for IOs to prevent reliance on personal gadgets.
State-level cyber forensic labs must be notified under the IT Act.
Regular feedback loops from IOs and stakeholders for continuous refinement.
Public and police sensitisation on tech-driven processes to reduce resistance and misuse.
Key Concepts Involved:
Hashing & Digital Authentication: Hashing: Creating a unique digital fingerprint for data. Digital Authentication: Confirming identities or data integrity using digital certificates and security protocols.
ICJS & CCTNS: ICJS: Digital system linking police, courts, jails, forensics, and prosecution. CCTNS: National network for police information sharing and management.
Geo-tagging & Timestamping: Geo-tagging: Attaching location data to evidence. Timestamping: Recording exact time of evidence creation or handling.
Cloud Storage & Digital Chain of Custody: Cloud Storage: Storing data on remote servers for access and backup. Digital Chain of Custody: Tracking and documenting evidence handling in digital form.