Bar Bench Review 2026: Himani Thakur Secures 3rd Position for "A New Era of Indian Justice: The Transformation through BNS, BNSS & CPC"

A New Era of Indian Justice: The Transformation through BNS, BNSS & CPC

1. Introduction

The laws governing the legal process of a country reflect the socio-cultural ethos, constitutional values, and commitment to justice. Being one of the most comprehensive sets of laws, India has traditionally adopted a substantive and procedural system inherited from its colonial past. Nevertheless, changes in social fabric, advances in technology, and the call for justice delivery efficiency have necessitated legal reforms in recent years. In this sense, the adoption of the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) is a major step toward improving the criminal justice system. These developments are targeted at tackling new types of crimes, incorporating advanced technologies, eliminating procedural delays, and enhancing the protection of victims' and citizens' rights. At the same time, the Code of Civil Procedure (CPC) provides stability and consistency in civil proceedings.

In the article under analysis, the author addresses the interaction between BNS, BNSS, and CPC in the context of current trends in Indian legislation. It is proposed that the interplay between criminal law reforms and civil procedure innovations represents a much bigger trend toward a more open, technologically advanced, and citizen-oriented justice system needed in twenty-first century India.

2. Historical Development of Indian Justice System

The Indian justice system has developed as a result of both native customs as well as the impact of colonialism and constitutionalism. Ancient Indians followed the tradition of Dharma whereby legal and moral obligations were closely associated. Some of the classical treatises in Indian law included the Manusmriti, Yajnavalkya Smriti, and Arthashastra which were concerned with issues of civil rights, criminal behavior, governance, and administration of justice1.

In the medieval times, India experienced a multiplicity of laws among different dynasties, especially when Islamic laws were introduced during the Sultanate of Delhi and Mughals. The concept of sharia existed alongside local customs and traditions, while qazis became prominent in resolving disputes in the community2.

There was a big change made by the British through the introduction of a centralized and codified legal system. This took place through the passing of statutes like the Indian Penal

1 P.V. Kane, History of Dharmaśāstra, Vol. III (Bhandarkar Oriental Research Institute, 1973

2 M.P. Singh, Outlines of Indian Legal and Constitutional History (11th edn., Central Law Agency, 2018).

Code in 1860, the Code of Civil Procedure in 1908, and the Code of Criminal Procedure. However, after Independence, there was a change in this legal system through the Constitution of India3.

The legal reforms that took place in the 21st century were driven by the developments of technology and changing social requirements. This is illustrated by the introduction of Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), in addition to the existing relevancy of Code of Civil Procedure (CPC)4.

3. Bharatiya Nyaya Sanhita (BNS): Redefining Substantive Criminal Law

Introduction of the Bharatiya Nyaya Sanhita, 2023 (BNS) represents a significant departure from India’s existing criminal justice system, wherein the colonial Indian Penal Code, 1860 (IPC) is replaced with a redefined version of substantive criminal law that conforms to the current requirements of society.5 The introduction of the BNS represents a major overhaul of India’s criminal justice legislation, as it attempts to break away from an old colonialist model into a new system of criminal justice relevant to modern Indian circumstances.

Another salient aspect of the BNS Act is its identification of new types of crimes, including organised crime, terrorism, cyber-crime, and those that affect the integrity and sovereignty of India. The law streamlines many of its provisions, which makes it simpler for even laymen and practitioners alike to understand it. Further, the Act attempts to safeguard victims' rights through the provision of timely prosecution and judgment, thereby ensuring that the rights of both the accused and victims are taken into account6.

The BNS also depicts how the use of technology is becoming an inseparable part of the administration of criminal justice in the modern world. The BNS serves as an extension of certain procedural changes initiated in the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act, especially in relation to digital evidence, electronic files, and investigation through technological advancements7.

However, in spite of the immense potential of change that it promises to unleash, the success of the proposed BNS will depend, in large part, upon proper implementation, judicial interpretation, and preparation of the necessary institutions to handle the task effectively. The

3 J. Duncan M. Derrett, Religion, Law and the State in India (Oxford University Press, 1999

4 The Bharatiya Nyaya Sanhita, 2023 and The Bharatiya Nagarik Suraksha Sanhita, 2023, Statement of Objects and Reasons.

5 Supra 4

6 Ministry of Home Affairs, Government of India, Criminal Law Reforms: Key Features of the Bharatiya Nyaya Sanhita, 2023

7 Bimal N. Patel & Ranita Nagar, Commentary on the Bharatiya Nyaya Sanhita, 2023 (Thomson Reuters, 2024),

pp. 35–58.

training of the law enforcement authorities, legal awareness among legal practitioners, and strong digital infrastructure will form the crux of this process and ensure that the objectives of the new statute are fulfilled8.

4. Bharatiya Nagarik Suraksha Sanhita (BNSS): Revisiting Criminal Procedure

The Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 is an important step forward in the realm of criminal procedure in India, which replaces the Code of Criminal Procedure of 1973 (CrPC). It attempts to make up for the deficiencies of the CrPC by providing an efficient, streamlined, and technology-enabled process of criminal procedure that would work in conjunction with the changes brought about through the Bharatiya Nyaya Sanhita (BNS)9.

The most prominent element of the BNSS is the incorporation of the concept of the role that technology will play in the justice process. The Sanhita supports the use of technology to communicate electronically, keep records electronically, issue summons electronically, conduct video filming while undertaking search and seizures, and taking statements using audio and visual recording devices.

In addition, the objectives of BNSS include improving the right to victim protection and making the justice delivery system faster by ensuring timely investigations and quick case disposal. The measures concerning forensic investigation in offenses and the adoption of more scientific methods for gathering evidence are anticipated to enhance the standard of criminal investigations. Through the encouragement of adopting up-to-date technology and standardized systems, the BNSS hopes to cut down pendency10.

Although the BNSS is designed with futuristic aims in mind, its success will depend on having adequate infrastructure, computer literacy, and law enforcement agencies and courts being able to accommodate the changed process. These problems need to be dealt with in order for the true impact of the proposed reform to be felt. However, the BNSS represents a huge milestone in moving forward toward a modernized and citizen-centric criminal justice system in India11.

5. The Continuing Relevance of the Code of Civil Procedure (CPC)

Though recent enactments like the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) have completely revamped the process of dispensing criminal justice, the Code of Civil Procedure 1908 (CPC) is still at the heart of the administration of

8 K.I. Vibhute, P.S.A. Pillai's Criminal Law (15th edn., LexisNexis, 2023), pp. 1–18

9 S.C. Sarkar, Sarkar's Law of Criminal Procedure (12th edn., LexisNexis, 2023) 1–10

10 K.N. Chandrasekharan Pillai, R.V. Kelkar's Criminal Procedure (8th edn., Eastern Book Company, 2024) 25–41

11 Law Commission of India, 277th Report on Wrongful Prosecution (Miscarriage of Justice): Legal Remedies (2018);

civil justice system in India. The CPC offers an organized procedure for settling civil disputes, ranging from those concerning contracts, property, matrimonial issues, business dealings, and rights12.

Even though the CPC is an old law which has been around for a century now, it has proved its flexibility through frequent amendments and interpretation by courts. Innovations such as the introduction of ADR methods in section 8913, case management procedures, and the rising trend of electronic filing and virtual proceedings have made civil procedure contemporary without disregarding the tenets of natural justice14.

Another important aspect is that the CPC also ensures consistency and justice in the justice delivery process by giving every litigant a fair chance to put forth his case. In the era of electronic governance and reformations in the judiciary, it still stands true to the constitutional values of equality and justice for all. Hence, apart from the revolutionary steps brought about by BNS and BNSS, CPC continues to be one of the most indispensable factors in building a new Indian legal regime15.

6. Role of Technology in Indian Judiciary in the Future

The role played by technology cannot be understated when it comes to shaping the future of India's judiciary system. With the advent of programs such as e-Courts, e-filing, virtual hearing, case management systems, and judicial databases, much time has been saved. Moreover, the new law on the statute book known as the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 further enhances the application of technology in the judicial process by promoting the use of technology for communication and recording16.

The adoption of technology also promotes accountability, boosting public confidence through reduced bureaucracy and increased transparency. Nevertheless, for technology to succeed in a justice system, there should be sufficient technological infrastructure, cybersecurity, and even equal distribution in urban and rural regions. With India adopting technological modernization of its justice sector, the adoption of technology is bound to create a future-proof justice system, which will be citizen-oriented in line with constitutional principles of fairness and legality17.

12 C.K. Takwani, Civil Procedure (9th edn., Eastern Book Company, 2023) 3–12

13 Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344.

14 Mulla, The Code of Civil Procedure (20th edn., LexisNexis Butterworths, 2021) Vol. I, 95–112

15 Justice R.C. Lahoti, Pleading, Drafting and Conveyancing (Eastern Book Company, 2019) 45–50

16 Government of India, e-Courts Mission Mode Project: Phase III Vision Document (Department of Justice, 2023

17 Arghya Sengupta & Ritwika Sharma, Judicial Reforms and the Digital Future of Indian Courts (Vidhi Centre for Legal Policy, 2022)

7.      Challenges and the Path Ahead

Even as they promise a revolutionary change in the functioning of the courts, there are some challenges to the successful implementation of these reforms. Insufficient digital infrastructure18, absence of adequately trained manpower, and inadequate publicity to inform citizens about the reforms are issues that may affect their success19. Data security, adaptability to new procedures, and the readiness of institutions are other important aspects that need consideration. The path ahead for these reforms entails considerable investments in infrastructure development, capacity building, legal education, and technology development. With proper collaboration between the judiciary, legislature, executive, and civil society, these reforms can bring a revolution to the Indian judicial system.

8.      Conclusion

The Indian justice system has entered into a transformation phase where legal reformations and technological developments are converging in order to create a justice system which revolves around the principles of citizen-centric governance. The inclusion of two landmark legislations, viz., the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita, signifies the departure from the colonial era to a more progressive era. On the other hand, the continuing importance of the Code of Civil Procedure proves that sometimes it is wise to hold back on certain issues while embracing new reforms.

All these efforts combined have the potential to make the justice system much more efficient, accountable, quicker, and technologically up-to-date, thus making it easier for citizens to receive justice. Yet, the success of all these reforms hinges not just upon the legislation aspect, but upon many more factors which need to be considered.

As India moves towards the twenty-first century, the collective effects of BNS, BNSS, and CPC would definitely transform the process of dispensing justice by effectively combining tradition with innovation, thus making it more transparent, efficient, effective, accessible, and constitutionally oriented.

18 Department of Justice, Government of India, e-Courts Mission Mode Project: Phase III Vision Document (2023).

19 Justice Malimath Committee, Report of the Committee on Reforms of Criminal Justice System (Government of India, 2003