In 2023, India reformed its colonial-era criminal legislation. The Bharatiya Nyaya Sanhita (BNS, 2023) was introduced in place of the Indian Penal Code (IPC, 1860) of 1860. The Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023) sets the procedure for administering substantive criminal law, substituting the Criminal Procedure Code of 1973. The BNS has become the official criminal code of the country since July 1, 2024.

The BNS and BNSS have set new priorities for the criminal justice system in India. For instance, they put a new focus on the safety of women and children. The reformed legislation introduced a mandatory recording of the statements of the rape victim statements and increased punishments for offenders. Additionally, digital infrastructures under the Inter-Operable Criminal Justice System (ICJS) — an ambitious effort to digitize police investigation, prosecution, and court proceedings — streamline processes and enhance coordination. In practical terms, a rape case will now be less amenable to tampering with evidence and lead to faster conviction.

This article explores the recent systemic reforms in the government’s digital infrastructure to address women’s safety, focusing on policy impacts and criminal justice reform in India. The recent criminal justice reform in India marks a significant shift in priorities. It now places crimes against women, children and the nation at the forefront. This starkly contrasts the legacy of colonial-era laws, where threats to the British Crown outweighed the justice to the ordinary Bharatiya citizens. The shift focuses on urgency, importance and expedited timelines for investigation processes.

Provisions that Prioritize Women’s Safety

The BNS, 2023, introduces a new chapter on crimes against women and children, repositioning relevant sections. Sections 63 – 99, under Chapter V of the act, have prioritized women’s safety, doing away with the colonial placing of these sections at the fag-end of the former Indian Penal Code, 1860 (IPC,1860). A new provision under Section 69 has been introduced by the Ministry of Home Affairs in the BNS, 2023, that governs sexual intercourse by employing deceitful means. Under the IPC,1860, the section on crimes against women was contained in Chapter XVI, which dealt with offenses affecting the human body, which has now been brought forward under Chapter V of BNS, 2023. 

The Home Minister, Amit Shah, stated that addressing and resolving crimes against women is a priority of this government. While some may perceive the rearrangement of these sections as insignificant, its effects will reverberate significantly throughout society. Additionally, all offenses against women below the age of 18 are now uniformly aligned with The Protection of Children from Sexual Offences Act, 2012 (POCSO, 2018), simplifying the procedure for the police and judges.

The punishment for rape went from seven years to ten years by the BNS, 2023, which corresponds to Section 376 of IPC, 1860. Recording statements of the rape victim is compulsory in rape cases as part of the reformed procedure. This small change solidifies the intent of a single punishment and does away with the earlier alternatives to methods of punishment. 

Additionally, the provision for the death penalty for gang rape of women below 18 years of age under section 70 of BNS. Furthermore, Section 72 of BNS, 2023, now actively protects the identities of sexual assault victims.

Streamlined procedures and leveraging technology

Pursuing these substantive provisions, the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces streamlined judicial procedures for sensitive crimes. Changes include submitting a mandatory medical examination report to the police station and court within 7 days. The magistrate must take cognizance within 14 days, and the accused’s request for acquittal must be made within 60 days. All of these factors provide a speedier judicial process.

The new procedure mandates First Information Report (FIR) registration within three days, with the preliminary investigation for offenses punishable by 3 to 7 years. Electronic FIR allows women to lodge complaints, with responses provided within two days. A new provision now mandates video recording of evidence, search and seizure to reduce the framing scope. Female judicial magistrates will take statements in cases of sexual offenses. 

The augmentation and reinforcement of legal processes now use a robust digital infrastructure. It shows the government’s commitment to digitize and modernize the criminal justice system. This digital infrastructure operates under the banner of the Inter-Operable Criminal Justice System (ICJS). This infrastructure comprises five pillars: e-FIR, e-forensics, e-prosecution, e-courts and e-prisons. This integrated system plays a crucial role in expediting and ensuring the accuracy of legal procedures, fostering better coordination among diverse stakeholders in the criminal justice system.

While discussing these legislations in Parliament, Amit Shah highlighted the relevance of data integration for faster and seamless criminal justice redressal. The ICJS’s digital infrastructure facilitates seamless data recording, integration, reporting and searching capabilities, enhancing the ability to track criminal activities across state boundaries. It mainly supports the implementation of procedures outlined in the BNSS, prioritizing citizen safety.

Databases created by the National Crimes Records Bureau (NCRB)

The government has established specialized databases under the Crime and Criminal Tracking Network & Systems (CCTNS) umbrella in response to the urgent need for effective and timely investigation. This overarching initiative acts as a repository, creating an efficient environment for multiple law enforcement investigations. Some of the databases from the National Crimes Records Bureau (NCRB) specific to women’s safety include:

• Investigations Tracking System for Sexual Offences (ITSSO). It was launched in February 2019. It allows the state to undertake real-time monitoring and management of cases of rape and POCSO to be able to complete the investigation in two months. 
• National Database on Sexual Offenders (NDSO). This is a searchable registry of offenders for various sexual offenses like rape, gang rape, eve teasing, stalking, child abuse, etc. It includes the offender’s name, address, photograph and fingerprint details. 
• The Cyber Crime Prevention Against Women and Children Scheme (CCPWC) was launched as part of the Indian Cyber Crime Coordination Centre by the Ministry of Home Affairs. The portal caters to citizens, State/UT Police and other Law Enforcement Agencies. The NCRB recently signed an MOU with the National Centre for Missing & Exploited Children (NCMEC) USA to share the Cyber Tipline reports related to child sexual abuse material.
• The National Database of Human Traffickers (NDHT) is a one-stop database for all information related to offenders involved in cases related to the Human Trafficking of Children and Women. 

The changes in laws and establishment of digital infrastructure consolidate all initiatives under one umbrella, making a truly ‘Naari’ Suraksha Sanhita (Women Safety Code). This journey from discussions to deliverables through robust digital infrastructure shows the intent of citizen-centric efforts.

[Tara Yarwais edited this piece.]

The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy.