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On 1 July 2024, the Indian government introduced three new criminal laws—the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA). The BNS, BNSS and BSA laws replaces the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act, respectively, marking a transformative period in the Indian legal system.
The impact of these laws is discussed below.
BNS
Organised crime: The BNS has introduced specialised provisions to tackle organised crime.
Forensic empowerment: The revised provisions focus on using forensic science in the investigation process. This will lead to the presentation of scientifically backed evidence in Courts and a rise in convictions.
BNSS
Victim-centric approach: The BNSS aims to ensure that victims’ rights and interests are given importance during legal proceedings.
Procedural efficiency: It recommends streamlining certain procedures to make them more efficient. Over time, this could reduce the backlog of cases and speed up the judicial process.
BSA
Evidence management: The BSA has introduced modern methods of evidence collection, storage and presentation that will lead to improved evidence management.
Technological integration: It promotes using technology to gather evidence in line with global best practices.
Collectively, these laws seek to modernise and better align the Indian legal system with today’s societal needs. They seek to consolidate and update some of the traditional legal provisions, making them more accessible and understandable to the general public and legal practitioners alike.
Here is an overview of some of these new provisions and how they will affect the Indian security and justice system:
Focus on victim-centric justice and rehabilitation: The laws prioritise restorative justice over purely punitive measures. They introduce provisions for community service as an alternative to incarceration for certain offences to rehabilitate offenders and reduce prison crowding.
Modernisation of evidence handling: The BSA significantly updates how electronic evidence is treated. The introduction of a provision pertaining to the admissibility of digital records and remote testimony in legal proceedings is expected to enhance the credibility of evidence in court.
Primary evidence: Digital records are recognised as primary evidence, thereby ensuring that they have the same legal footing and status as traditional paper documents and evidence.
Electronic testimony: The new laws allow for the electronic presentation of oral evidence, enabling witnesses to testify remotely. This will help streamline legal processes and reduce the time taken to resolve cases.
Conditions of admissibility: The laws impose conditions to ensure the authenticity of evidence. Digital records must now meet specific criteria regarding their integrity and authenticity. This should prevent data manipulation and ensure a proper chain of custody.
Considering the big picture, the new laws are expected to have a positive impact on the forensic investigation process. The new laws promote the use of technology in trials and appeals. Digital evidence integration opens up new frontiers for forensic investigators. Analysing vast datasets, deciphering encrypted messages and reconstructing digital timelines will require specialised skills and sophisticated tools. Therefore, the growing need for specialised skill sets and greater expertise in the forensic domain, bolstered by these new laws, places the onus on the community to improve their methods, adopt new technologies and play a key role in breaking down complicated criminal networks.
The three new laws signal towards an efficient and technologically advanced criminal justice system. Digital evidence processing will likely become easier with the introduction and integration of technology, especially in cybercrimes, privacy-related issues and forensic investigations. Going forward, there will be greater emphasis on how forensic investigators manage digital data, and it will be intriguing to see how the courts address this evolving area. Lawyers, law enforcement agencies and forensic investigators would need continuous training and upskilling to keep themselves abreast of reforms and procedural changes.
Authors: Himanshu Arora, Partner – Forensic & Financial Crime, Deloitte India, and Runa Ray, Associate Director – Forensic & Financial Crime, Deloitte India
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