Legislative and Judicial Reforms in Criminal Investigation under Bharatiya Nagarik Suraksha Sanhita: A Critical Analysis

Abstract

Abstract The Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Adhiniyam, 2023 (BSA) have introduced a new framework for criminal justice in India by replacing the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. These enactments seek to modernize criminal investigation through the integration of forensic science, electronic evidence, digital investigation, and victim-oriented procedures. The reforms emphasize scientific methods of investigation, electronic registration of First Information Reports, digital maintenance of investigation records, mandatory forensic examination in serious offences, and improved recognition of electronic evidence. Despite these statutory innovations, the effectiveness of criminal investigation continues to depend upon constitutional safeguards and judicial supervision. The Supreme Court has consistently held that a fair investigation forms an indispensable part of the right to life and personal liberty under Article 21 of the Constitution. Judicial decisions have strengthened procedural fairness by ensuring accountability in arrest, investigation, electronic evidence, and protection of individual rights. Accordingly, legislative reforms must operate harmoniously with constitutional principles to achieve an efficient and rights-based criminal justice system. This paper critically examines the concept of criminal investigation, the legislative reforms introduced under the BNSS, BNS and BSA, and the judicial approach towards fair investigation. It contends that although the new enactments significantly strengthen the statutory framework, their success ultimately depends upon adequate forensic infrastructure, trained investigators, technological preparedness and continuous judicial oversight.