The Ministry of Home Affairs has comprehensively reviewed and replaced India's colonial-era criminal laws through parliamentary legislation. The Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Indian Evidence Act, 1872 have been repealed and replaced by three new laws: Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023 respectively.
This reform follows recommendations from multiple committees including the Law Commission of India, Bezbaruah Committee, Vishwanathan Committee, Malimath Committee, and Madhawa Menon Committee, as well as the Department-related Parliamentary Standing Committee on Home Affairs in its 111th (2005), 128th (2006), and 146th (2010) reports which advocated for comprehensive rather than piece-meal amendments.
The new laws establish strict timelines for various stages of the justice process: preliminary enquiry must be completed within 14 days, further investigation within 90 days, supply of documents to victims and accused within 14 days, commitment of cases for trial within 90 days, filing of discharge applications within 60 days, framing of charges within 60 days, pronouncement of judgment within 45 days, and filing of mercy petitions (30 days before Governor and 60 days before President).
Special provisions include fast-track investigations for offences against women and children requiring completion within two months of recording information, and a maximum of two adjournments per case to prevent unnecessary delays. The reforms also introduce digital applications including e-Sakshya for lawful, scientific, and tamper-proof collection and electronic submission of digital evidence; e-Summon for electronic delivery of summons making the process faster and trackable; and Nyaya-Shruti (VC) for virtual appearances of accused persons, witnesses, police officials, prosecutors, scientific experts, and prisoners through video conferencing.
Minister of State in the Ministry of Home Affairs Shri Bandi Sanjay Kumar stated these changes aim to provide accessible and affordable justice to all citizens through a citizen-centric legal structure that improves speed, efficiency, and transparency of the judicial process.