Q. One year after the implementation of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), analyse their impact on policing and investigation in India. What are the major challenges faced in their implementation? (250 words)

 Q. One year after the implementation of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), analyse their impact on policing and investigation in India. What are the major challenges faced in their implementation? (250 words)

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Introduction:

In 2023, India enacted three landmark legislations—the BNS replacing the Indian Penal Code (IPC), the BNSS replacing the Code of Criminal Procedure (CrPC), and the BSA replacing the Indian Evidence Act—to modernise and decolonise the criminal justice system. A year into their implementation, significant technological and procedural reforms have reshaped policing and investigation.

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Impact on Policing and Investigation:

• Digital Evidence Collection: The e-Sakshya app enables real-time, geo-tagged and time-stamped capture of evidence, enhancing transparency and accountability.

• Mandatory Videography: BNSS mandates audio-visual recording of search, seizure, and witness statements (e.g., Sections 105, 176, 185), improving evidentiary credibility.

• Integration with ICJS: Systems like CCTNS and ICJS have improved inter-agency coordination between police, courts, forensics, and jails.

• Forensic Strengthening: FSL expert visits to crime scenes are now mandatory, improving scientific investigation.

• Witness Integrity: Photos/videos reduce chances of witness denial and unauthorised delegation of duties by IOs.

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Challenges in Implementation:

• Technological Gaps: Limited compatible devices; IOs often use personal Android phones due to lack of institutional provisioning.

• Judicial Access Lag: Courts cannot yet directly access digital evidence stored on the National Government Cloud.

• Ambiguous Legal Provisions: Sections like 303 (theft < ₹5000) and 112 (petty organised crimes) lack clarity.

• Cybercrime Investigation: State forensic labs are not fully equipped or notified under the IT Act.

• Infrastructure Bottlenecks: Delays in post-mortem reports; insufficient mobile FSL units and digital resources.

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Conclusion:

While the new laws represent a transformative shift in India's criminal justice system, their success depends on addressing infrastructural deficits, legal ambiguities, and technological access. Institutional feedback and increased investment in forensic and ICT infrastructure are essential to ensure effective implementation.