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Criminal Justice System Overhaul & Citizen Rights

The overhaul of India’s criminal justice system marks a shift from
colonial-era punitive deterrence
towards a
citizen-centric, technology-driven justice model.
Effective from 1 July 2024, three new legislations replaced the earlier criminal law frameworks.

•
Bharatiya Nyaya Sanhita (BNS), 2023 — replaced the Indian Penal Code, 1860.
•
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — replaced the Code of Criminal Procedure, 1973.
•
Bharatiya Sakshya Adhiniyam (BSA), 2023 — replaced the Indian Evidence Act, 1872.

1. The New Triad vs. Colonial Predecessors

New Legislation Repealed Act Core Paradigm Shift Key Citizen Impact
Bharatiya Nyaya Sanhita (BNS) Indian Penal Code (IPC), 1860 Justice over punishment. Modernised definitions relating to terrorism and organised crime. Explicitly criminalises mob lynching and deceitful sexual exploitation. The earlier sedition provision was omitted.
Bharatiya Nagarik Suraksha Sanhita (BNSS) Code of Criminal Procedure (CrPC), 1973 Time-bound process and digitisation with stricter operational timelines. Zero FIR, online complaints and digital updates on case progression.
Bharatiya Sakshya Adhiniyam (BSA) Indian Evidence Act (IEA), 1872 Technological integration and recognition of electronic and digital evidence. Greater use of digital evidence and videography of crime scenes to strengthen evidentiary integrity.

2. Key Pillars Enhancing Citizen Rights

(a) Digital Access & Decentralization of Justice

•
Zero FIR & E-FIR:
A citizen can file a First Information Report at any police station irrespective of the place where the crime occurred, reducing jurisdictional delays.
•
Interoperable Criminal Justice System (ICJS):
Expected to become fully digital by 1 January 2027, linking police, forensics, prosecution and courts through a common network.
•
Electronic Summons & Statements:
Citizens and witnesses can receive summonses through digital means and participate virtually, reducing administrative burden.

(b) Strict Protection Against Law Enforcement Delays

The BNSS introduces fixed procedural timelines intended to reinforce the
Right to Speedy Trial under Article 21.

Procedural Step New Mandatory Timeline
Filing of Chargesheet Within 90 days; court may grant an extension of up to 90 additional days.
Committal of Case to Trial Within 90 days from the date of the police report.
Framing of Charges Within 60 days of the first hearing.
Pronouncement of Judgment Within 30 days of conclusion of arguments, extendable by 15 days.

(c) Humanizing Punishments & Bail Reforms

•
First-Time Offender Relief:
An eligible first-time offender who has undergone detention for one-third of the maximum period of imprisonment prescribed for the offence becomes entitled to statutory bail relief.
•
Community Service:
Introduced for certain minor offences to reduce over-reliance on incarceration and encourage restorative justice.

(d) Heightened Protection for Women and Children

•
The new criminal framework contains specific provisions addressing sexual relations obtained through specified deceitful means, including false promises of marriage.
•
Stringent punishment is provided for gang rape involving minors.
•
Statements of victims of sexual offences are required to be recorded with enhanced procedural safeguards, including involvement of female officers or magistrates where prescribed.

3. Critical Challenges & Threats to Citizen Rights

1

Expansion of Police Custody:
Under the earlier CrPC framework, police custody was concentrated within the initial 15-day period. The BNSS permits police custody to be taken in parts within a longer statutory period, generating concerns about custodial abuse and misuse of investigative power.

2

Ambiguity in Broad Definitions:
The earlier sedition provision under Section 124A IPC was omitted, but Section 152 of the BNS criminalises specified acts endangering the sovereignty, unity and integrity of India. Critics have raised concerns about possible misuse against legitimate expression.

3

“Old Wine in New Bottles” Critique:
A substantial portion of the new laws carries forward provisions from earlier colonial codes. Critics argue that renaming and renumbering alone cannot transform institutional culture without deeper police reforms, including implementation of the Prakash Singh Directives.

4

Infrastructural Deficit:
Mandatory technological and forensic requirements must operate within a system facing heavy case backlogs, forensic laboratory constraints and vacancies in subordinate courts.

4. Way Forward

To ensure that the overhaul empowers citizens while safeguarding constitutional rights, structural governance reforms can draw upon recommendations associated with committees such as the Malimath Committee and the Mulla Committee.

1

Invest in Judicial Infrastructure:
Strengthen district-level judicial and technological infrastructure to ensure that digital and forensic reforms can be implemented effectively.

2

Institutional Separation:
Separate the Law & Order wing from the Investigation wing of police organisations to improve professionalism, reduce interference and strengthen investigation quality.

3

Legal Aid Expansion:
Strengthen the National Legal Services Authority (NALSA) under Article 39A to improve access to justice for marginalised and economically disadvantaged undertrial prisoners.

Must Know Terms

1. Zero FIR

A First Information Report that can be registered at any police station irrespective of the territorial jurisdiction of the offence. It seeks to ensure immediate access to justice and prevent delays arising from jurisdictional disputes.

2. Interoperable Criminal Justice System (ICJS)

A digital platform integrating police, forensic laboratories, prosecution agencies, courts and prisons to facilitate information sharing, coordination and transparency in criminal justice administration.

3. Electronic Evidence

Digital records, electronic documents and other electronically stored information recognised as evidence under the Bharatiya Sakshya Adhiniyam, 2023, subject to prescribed legal requirements.

4. Restorative Justice

An approach to criminal justice that emphasises rehabilitation, accountability and repairing harm rather than relying exclusively on imprisonment. Community service for certain minor offences reflects this principle.

5. Right to Speedy Trial

A constitutional guarantee derived from Article 21 that protects individuals against unreasonable delays in criminal proceedings. The BNSS introduces procedural timelines intended to promote timely investigation and justice delivery.

6. Section 152 of BNS

Section 152 of the Bharatiya Nyaya Sanhita, 2023 criminalises specified acts endangering the sovereignty, unity and integrity of India. Its scope has generated debate regarding potential misuse and implications for freedom of speech.

Multiple-Choice Questions

1. With reference to India’s new criminal laws, consider the following pairs:

1. Bharatiya Nyaya Sanhita, 2023 — Indian Penal Code, 1860
2. Bharatiya Nagarik Suraksha Sanhita, 2023 — Indian Evidence Act, 1872
3. Bharatiya Sakshya Adhiniyam, 2023 — Indian Evidence Act, 1872
4. Bharatiya Nagarik Suraksha Sanhita, 2023 — Code of Criminal Procedure, 1973

How many of the above pairs are correctly matched?

(A) Only one
(B) Only two
(C) Only three
(D) All four

2. With reference to the transformation of India’s criminal justice system, consider the following statements:

1. The three new criminal laws came into effect on 1 July 2024.
2. The Bharatiya Nyaya Sanhita primarily regulates the procedural requirements for registering FIRs.
3. The Bharatiya Sakshya Adhiniyam incorporates provisions relating to electronic and digital evidence.
4. The Bharatiya Nagarik Suraksha Sanhita replaced the Indian Penal Code, 1860.

Which of the statements given above are correct?

(A) 1, 2 and 3 only
(B) 1 and 3 only
(C) 2 and 4 only
(D) 1, 3 and 4 only

3. With reference to Zero FIR under India’s criminal justice framework, consider the following statements:

1. A Zero FIR can be registered at a police station irrespective of the territorial jurisdiction where the offence occurred.
2. Registration of a Zero FIR is restricted exclusively to police stations within the district where the offence occurred.
3. Zero FIR seeks to prevent delays in initiating criminal proceedings arising from jurisdictional disputes.
4. A complaint must first be registered at the police station having territorial jurisdiction before it can be transferred elsewhere.

Which of the statements given above are correct?

(A) 1 and 3 only
(B) 1, 2 and 3 only
(C) 2 and 4 only
(D) 1, 3 and 4 only

4. Consider the following components of the Interoperable Criminal Justice System (ICJS):

1. Police agencies
2. Forensic laboratories
3. Courts and prosecution agencies
4. Prison administration

Which of the above are covered under the integrated criminal justice framework?

(A) 1 and 2 only
(B) 2, 3 and 4 only
(C) 1, 2 and 3 only
(D) 1, 2, 3 and 4

5. Consider the following Assertion (A) and Reason (R):

Assertion (A):

The Right to Speedy Trial is recognised as an integral component of the Right to Life and Personal Liberty under Article 21 of the Constitution.

Reason (R):

Procedural timelines introduced under the Bharatiya Nagarik Suraksha Sanhita seek to reduce unnecessary delays in criminal proceedings and promote timely justice delivery.

Select the correct answer using the code given below:

(A) Both A and R are correct, and R is the correct explanation of A.
(B) Both A and R are correct, but R is not the correct explanation of A.
(C) A is correct, but R is incorrect.
(D) A is incorrect, but R is correct.

6. Consider the following pairs:

1. Bharatiya Sakshya Adhiniyam — Recognition of electronic records as evidence
2. Bharatiya Nagarik Suraksha Sanhita — Criminal procedure and digitisation
3. Section 152 of BNS — Acts endangering sovereignty, unity and integrity of India
4. Article 39A — Constitutional right to contest parliamentary elections

How many of the above pairs are correctly matched?

(A) Only one
(B) Only two
(C) Only three
(D) All four

7. With reference to procedural reforms under the Bharatiya Nagarik Suraksha Sanhita, consider the following statements:

1. The law provides a 60-day timeline for framing charges in specified proceedings, calculated from the first hearing on charge.
2. It provides a 30-day timeline for pronouncing judgment after the conclusion of arguments, with a limited extension.
3. Any extension of the period for pronouncing judgment requires prior approval from the Rajya Sabha.
4. Every criminal investigation must result in the filing of a chargesheet within 30 days, without exception.

Which of the statements given above are correct?

(A) 1 and 3 only
(B) 1 and 2 only
(C) 2, 3 and 4 only
(D) 1, 2 and 4 only

8. With reference to community service and undertrial relief in India’s new criminal justice framework, consider the following statements:

1. Community service has been introduced as a punishment for certain minor offences.
2. Community service has completely replaced imprisonment for all non-violent offences.
3. Special bail relief is provided for eligible first-time offenders who have undergone detention for one-third of the maximum prescribed imprisonment.
4. Every undertrial prisoner becomes automatically entitled to unconditional bail after completing one-third of the maximum sentence.

Which of the statements given above are correct?

(A) 1 and 3 only
(B) 2 and 4 only
(C) 1, 2 and 3 only
(D) 1, 3 and 4 only

9. Consider the following Assertion (A) and Reason (R):

Assertion (A):

The introduction of community service for certain minor offences reflects an effort to reduce reliance on incarceration and promote restorative justice.

Reason (R):

The Bharatiya Sakshya Adhiniyam recognises electronic records as evidence, subject to applicable legal requirements.

Select the correct answer using the code given below:

(A) Both A and R are correct, and R is the correct explanation of A.
(B) Both A and R are correct, but R is not the correct explanation of A.
(C) A is correct, but R is incorrect.
(D) A is incorrect, but R is correct.

10. With reference to the protection of women and children under the new criminal laws, consider the following statements:

1. The Bharatiya Nyaya Sanhita contains provisions addressing sexual intercourse obtained through specified deceitful means, including false promises of marriage.
2. The new criminal framework provides stringent punishments for the gang rape of minors.
3. All statements of victims of sexual offences must invariably be recorded by male judicial magistrates.
4. Sexual exploitation through deceitful means has been completely excluded from criminal liability.

Which of the statements given above are correct?

(A) 2 and 3 only
(B) 1 and 3 only
(C) 1, 2 and 3 only
(D) 1 and 2 only

11. With reference to Section 152 of the Bharatiya Nyaya Sanhita, 2023, consider the following statements:

1. The sedition provision previously contained in Section 124A of the Indian Penal Code has not been retained in the same form under the BNS.
2. Section 152 addresses specified acts endangering the sovereignty, unity and integrity of India.
3. Section 152 automatically excludes all constitutional protections relating to freedom of speech and expression.
4. Concerns have been raised regarding the potential misuse of broadly worded provisions against legitimate expression.

Which of the statements given above are correct?

(A) 1 and 2 only
(B) 2 and 3 only
(C) 1, 2 and 4 only
(D) 1, 3 and 4 only

12. Consider the following pairs:

1. Malimath Committee (2003) — Criminal Justice System Reforms
2. Mulla Committee (1983) — Reform recommendations relevant to the justice system
3. Prakash Singh Directives — Police Reforms
4. National Legal Services Authority (NALSA) — Regulation of electronic FIR registration by police stations

How many of the above pairs are correctly matched?

(A) Only one
(B) Only two
(C) Only three
(D) All four

13. With reference to technological integration in India’s criminal justice system, consider the following statements:

1. The Bharatiya Sakshya Adhiniyam recognises electronic and digital records as evidence, subject to prescribed legal requirements.
2. Videography of crime scenes is among the measures introduced to strengthen the collection and preservation of evidence.
3. Every electronically generated record must be admitted by a court without examining its authenticity or compliance with evidentiary requirements.
4. The adoption of digital evidence completely eliminates the need for investigation by law enforcement agencies.

Which of the statements given above are correct?

(A) 1 and 3 only
(B) 2 and 4 only
(C) 1, 2 and 3 only
(D) 1 and 2 only

14. With reference to the challenges associated with implementing India’s new criminal laws, consider the following statements:

1. Shortages of forensic infrastructure can affect the effective collection and examination of scientific evidence.
2. Vacancies and case backlogs in subordinate courts may undermine the objective of speedy justice.
3. Technological integration automatically eliminates concerns regarding police accountability and custodial rights.
4. Changes to the permissible period and distribution of police custody have generated concerns regarding potential misuse of investigative powers.

Which of the statements given above are correct?

(A) 1, 2 and 3 only
(B) 1, 2 and 4 only
(C) 2 and 3 only
(D) 1, 3 and 4 only

15. With reference to measures proposed for strengthening India’s criminal justice system, consider the following statements:

1. Strengthening judicial infrastructure can improve the implementation of technology-driven reforms in district courts.
2. Separating the Law and Order wing from the Investigation wing of the police can help improve the quality and independence of criminal investigations.
3. Strengthening legal aid institutions under Article 39A can improve access to justice for economically and socially disadvantaged undertrial prisoners.
4. Eliminating judicial oversight of police investigations is necessary for effective implementation of the new criminal laws.

Which of the statements given above are correct?

(A) 1 and 4 only
(B) 2, 3 and 4 only
(C) 1, 2 and 4 only
(D) 1, 2 and 3 only

Pankaj Sir

EX-IRS (UPSC AIR 196)

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