Efficiency, Protection & Execution: Experts On 3 Major Aspects Of BNS, BNSS & BSA

Replacing the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act, India has overhauled its legal system with the adoption of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) which came into effect from 1 July 2024.

As India moves forward under the Modi 3.0 regime, legal experts at an industry event discussed the navigation of criminal law reforms and careers in litigation and judiciary. These drastic revisions establish an arena of freshness and fairness in the legal system and for the victims respectively, from the century-old Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. With the goal of modernising the country's criminal justice system, wherein accessibility and efficiency are essential concepts in these initiatives, India’s step towards such comprehensive reform has hopeful eyes on it.

Pramod Dubey, Senior Advocate, Supreme Court of India said, "The 'Zero FIR' system and e-FIRs are welcome changes that will improve accessibility to justice, particularly for those in remote areas." He, however, raised worries about the lack of openness in the writing process, as well as the need for clear guidance for executing certain clauses.

Tanveer Ahmed Mir, Founder, Chambers of Tanveer Ahmed Mir stated, “The emphasis on victim protection is a positive step forward. Witness protection programmes are critical for encouraging victims to speak out and disclose crimes.” Whereas, he also warned about the potential abuse of power by law enforcement agencies under the BNSS's enlarged authority.

Mohd Salim, Dean and Senior Director, Lloyd Law College, emphasised the potential impact of efficiency measures: "the on-time-bound investigations and trials have the potential to significantly reduce the pendency of cases, a major bottleneck in the current system." He put emphasis on the significance of providing sufficient training to law enforcement and judicial staff in order to successfully use the new framework.

Siddharth Batra, AOR, Supreme Court of India stated, “The stricter penalties for offenses like negligent driving are a step in the right direction to deter such behaviour and improve road safety.” He strongly mentioned and supported the fact that the importance of public awareness initiatives to educate citizens about the new legislation and their effects is much more in these times.

While talking about the changing nature of criminal activity, Neeha Nagpal, Founder, NM Law Chambers said,"The inclusion of harsher punishments for gender-based crimes and new sections on cybercrimes reflect the evolving nature of criminal activity." However, she stated that the effectiveness of these measures will depend on robust enforcement mechanisms.

Despite a good welcome in legal circles, obstacles lie ahead. A potential legal challenge highlights the continued uncertainty about the changes' immediate and long-term usefulness. The following years will be critical for assessing their influence on crime rates, case backlogs, and the general experience of justice seekers in India's changing judicial landscape.

The amendments seek not simply to improve accessibility and victim protection, but also to address growing issues like cybercrime and gender-based violence. As the country navigates these changes, continued inspection and adaptation will be required to guarantee that the reforms result in meaningful gains in justice delivery for all residents.

Kashish Saxena

BW Reporters