ABSTRACT:
India with its diverse population and large geographic expanse result in an exceptionally high volume of litigation at all judicial levels. Millions of new cases are filed nationwide each year, and thousands of cases are scheduled for hearing in District Courts, High Courts, and the Supreme Court every day. The judicial system is under tremendous strain from this enormous caseload, which frequently leads to protracted delays and a backlog that keeps getting bigger. Through the use of electronic filing systems, electronic evidence management, and virtual hearings, technology integration has become a vital tool for streamlining procedures, minimizing procedural bottlenecks, and accelerating the resolution of cases. This research analysis looks at how the BNSS judicial system’s criminal trial procedures are changing as a result of the incorporation of electronic evidence and the introduction of virtual hearings. Section 173 for instance formalizes the Zero FIR and Electronic FIR (E-FIR), that can be lodged at a police station to report any cognizable offence throughout the country. The police are required to acknowledge the report free of cost and transfer it to the police station concerned within a stipulated time.
So as to promote investigational transparency, Section 105 prescribes investigations to be carried in an audio-visual manner during searches and seizures, with the resultant footage being handed over to the supervisory officers. On the other hand, Section 308 allows for legal proceedings with the personnel participating through audio-visual means from state-designated premises, thus mixing procedural safeguards with technological access.
There is an inclination among Indian courts to incorporate digital reforms in the judicial process. Especially noteworthy is the recent decision of the Kerala High Court, which ordered to immediately modernize investigation methods and replace antiquated methods with digital methods of documentation and audio-visual recording as per BNSS mandates.
This research explores how the criminal trial system under BNSS, with accessibility and timeliness allow thousands of complaints to be filed in a much shorter time frame from any part of the country, allow for the processes of investigation to be documented through audio-visual means so that the procedure is more transparent, and permits parties to participate in court remotely. All of these factors introduce less delay and greater efficiency. Technology development in the criminal trial system will support a faster disposition of cases and create greater trust in justice delivery to the public, given that the disposition and procedural response still remains strong, transparent, and relevant to a digitally-savvy and modern society.
KEYWORDS: Bharatiya Nagarik Suraksha Sanhita, BNSS, digital justice, Electronic FIR, audio-visual recording, virtual hearings, electronic evidence, technological integration.
INTRODUCTION
In an increasingly globalising and technology-fuelled world, the criminal justice mechanism cannot afford to remain caught in the days of paper-based procedure. With thousands of cases litigated in District Courts, High Courts, and the Supreme Court every year, a system which goes beyond mere efficiency and caters to needs of a digitally inclined citizenship must be put in place. The Bharatiya Nagarik Suraksha Sanhita, 2023, attempts to meet this challenge.
As far as Electronic First Information Reports (E-FIR) are concerned, it also opens the door for the application of digital processes almost at every other phase of the criminal justice pipeline. Section 105 allows for the audio-visual documentation of search and seizure operations; such a requirement brings better accountability in investigations and preserves the integrity of investigative evidence Section 180 further allows witnesses to be examined by audio-visual methods whereby it makes it possible to record evidence from anywhere; this provision had recently been used in the case of State of Maharashtra v. Praful B. Desai, wherein the Supreme Court held that an accused giving evidence by way of virtual testimony is deemed to be in physical presence for the purposes of criminal trial. Section 183 ahead empowers magistrates to take the recording of confessions and other relevant statements by audio-visual means in the presence of the accused’s counsel so that technology is used to enhance rather than dilute, fair trial rights. Section 308 allows a trial to be held by audio-visual means at notified premises, whilst Section 392 permits a judgment to be rendered in the presence of the accused through virtual means and requires a certified copy of the judgment to be uploaded on the court portal within 7 days
The Supreme Court administratively adopted Videoconferencing Guidelines (Administrative Matter No. 20-12-01-SC, dated December 9, 2020), which legalised video hearings across all stages of criminal proceedings, provided that the accused’s right to effective participation is maintained.In a recent ruling, the Kerala High Court stated that “manual methods have become incompatible with the constitutional demand of prompt and transparent justice” and ordered all district police units to ensure digital documentation of investigation processes in compliance with the BNSS
Thus, the central question of this research paper is: Is India’s criminal justice system about to transition to a fully digital one? The BNSS’s operationalization of electronic complaint procedures, audio-visual recording requirements, and virtual courtroom participation is examined to show that these features are essential tools for achieving prompt, effective, and transparent justice in a contemporary democratic society rather than being an afterthought.
COMPREHENSIVE BNSS SECTIONS WITH DIGITAL PROVISIONS
These BNSS sections embed technology across criminal justice procedures from hearings to searches to service of summons:
1. Definitions & General Application
- Section 2(1)(a) defines “audio-video electronic means” broadly, covering video conferencing, recording of identification, search and seizure, evidence, electronic communication, and similar purposes.
- Section 2(1)(i) defines “electronic communication”, encompassing transmitted written, verbal, pictorial, or video content.
2. Investigatory & Collection Mechanisms
- Section 105 mandates audio-visual recording of search and seizure processes, including seizure memos, with recordings forwarded promptly to the magistrate.
- Section 185(2) also requires audio-visual recording for search operations.
- Section 176(3) (and clause 176(1)) requires video recording of forensic evidence collection, particularly in cases punishable with seven years or more.
3. Testimony, Confession & Evidence Recording
- Section 180 allows witness statements to be recorded via audio-visual means.
- Section 183 enables magistrates to record confessions and statements through audio-visual methods in the presence of the accused’s counsel.
- Sections 254, 265, 266 allow evidence and witness testimony to be recorded via audio-visual means, especially in sessions and warrant cases, including cross-examinations.
4. Charges & Court Proceedings
- Section 251(2) permits charges to be read and explained to the accused via audio-visual means.
- Section 308 allows the accused to participate in trials through audio-visual means from state-designated facilities.
- Section 392 enables judgments to be delivered via audio-visual means and mandates uploading certified copies to the court portal within seven days.
- Section 230, Section 254, and related clauses also support electronic delivery and inspection of case documents.
5. Summons, Warrants & Service of Process
- Section 530 is a broad enabling provision: all trials, inquiries, and proceedings including summons issuance, evidence recording, and appellate hearings can be conducted using electronic communication or audio-video electronic means.
- Additional summons-related changes (under Chapter VI), like electronic summons with court seal, electronic service, and proof of service via digital means, enhance digital process delivery.
ANALYSIS AND DISCUSSION
By integrating digital tools into the fundamental framework of procedural law, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a revolutionary change in India’s criminal justice system. The discussion that follows examines how these clauses work together to reshape criminal trial processes and highlights the more profound effects on efficiency, access, transparency, and constitutional justice.
1. Transforming Courtroom Access from Physical to Virtual Presence
The physical presence of the accused, witnesses, and court officials has historically been closely linked to the legitimacy of criminal adjudication. This understanding is reconfigured by BNSS provisions that recognize virtual presence as legally valid, such as Section 180 (audio-visual recording of witness examination) and Section 308 (allowing trials through remote, state-designated facilities). This strategy is in line with the Supreme Court’s ruling in State of Maharashtra v. Praful B. Desai, which determined that video conferencing evidence recording is a legitimate “presence” of the accused and witnesses for the purposes of a criminal trial The Court further reiterated in Suo Motu Writ (Civil) No. 5 of 2020 – In Re: Guidelines for Court Functioning Through Video Conferencing During COVID-19 that audio-visual linkage may be used at all stages of criminal proceedings, provided that the accused’s right to effective participation is fully protected
2. Digital Traceability: Strengthening the Integrity of Investigations
Audio-visual recording of searches and seizures is required by Section 105 of the BNSS, and this requirement is further reinforced by Section 185(2). This development, according to the Bureau of Police Research and Development (BPR&D), is a “critical transparency tool” that will enhance the credibility of the evidence and lessen claims of coercive behaviour during investigations.
3. Reimagining Access Initiation: The Potential of e-FIR
Section 173’s adoption of electronic First Information Reports (E-FIR) goes beyond merely replacing paper FIRs with digital versions. By permitting “first contact with law enforcement without physical presence,” the clause broadens the scope of constitutional access to justice, according to legal commentary on Live Law.
4. Quickening Justice: Cutting Down on Procedural Length
Jointly, BNSS provisions like Section 230 (electronic delivery and inspection of case documents), Section 392 (audio-visual announcement of judgments and uploading certified copies to court portals), and Section 530 establish a framework that minimizes adjournments and procedural delays. According to the Observer Research Foundation (ORF), these clauses work together to create an “end-to-end digital case pathway” that significantly enhances case management and court record access.
5. Institutional Support and Judicial Adaptation
The trend toward digital justice is further supported by recent court orders. Since traditional methods are now “incompatible with the constitutional demand of prompt and transparent justice,” the Kerala High Court ordered in February 2024 that all district-level police units implement digital documentation and audio-visual recording for investigative acts.
CASE LAWS ON DIGITAL BNSS PROVISIONS
1. State of Maharashtra v. Praful B. Desai (2003)
The Supreme Court held that testimony via video conferencing constitutes valid “presence” of the witness, establishing early judicial recognition of audio-visual proceedings in criminal trials. BNSS Sections 180 and 308 now side with this precedent in statutory form.
2. In Re: Guidelines for Video Conferencing (2020)
This landmark Supreme Court judgment confirmed that virtual environments can be used for hearings at any stage as long as the accused retains the right to effective participation. BNSS’s institutionalisation of remote hearings aligns directly with this standard.
3. Kerala High Court – Modernisation Directive (2024)
The Kerala High Court declared that traditional manual investigation methods are no longer compatible with constitutional demands for transparency, directing state police to adopt digital investigative processes per BNSS provisions.
4. Chandigarh Police Implementation Report (2025)
Chandigarh police announced that within the first year under BNSS, 1,459 e-FIRs were filed, evidence was captured via the e-Sakshya tool, and average conviction time dropped from 300 to 110 days marking a 91% conviction rate in resolved cases. This demonstrates real impact of BNSS’s digital framework.
5. High Court Ruling: Police Stations Not Permissible as AV Sites
The Ministry of Home Affairs clarified that audio-visual testimony cannot be recorded from police stations, referencing BNSS Sections 265, 266, and 308. This ensures a neutral and fair viewing environment.
RESEARCH METHODOLOGY
Using only secondary sources, the current study employs a doctrinal and analytical research design to investigate how digital mechanisms are incorporated into the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The statutory provisions that include electronic communication, audio-visual recording, and virtual participation in the criminal justice process are the main focus of this study.
Data sources for this study include statutory material (BNSS, 2023), official Ministry of Home Affairs government publications, reports from parliamentary committees, and court rulings from the Supreme Court of India and several High Courts (such as State of Maharashtra v. Praful B. Desai, In Re: Guidelines for Video Conferencing, and the Kerala High Court’s directives on digital documentation of investigations). Analysis has also been done on scholarly commentary and articles that have been published in journals like the Indian Journal of Legal Studies, Bar & Bench, Live Law, and Journal of Criminal Law and Justice. The secondary data also includes commentary and explanations from platforms like BPR&D (Bureau of Police Research and Development).
REVIEW OF LITERATURE
V. Venkatesan, writing for The Hindu in his article “BNSS and the Shift towards Technology-Enabled Criminal Procedure”, notes that one of the most significant departures from the previous Code of Criminal Procedure is the introduction of mandatory audio-visual recording during investigations. He argues that provisions such as Section 105 enhance transparency by creating a reliable digital record of search and seizure processes and by strengthening constitutional safeguards in policing practices
Prof. Faizan Mustafa, in his public lecture delivered at NALSAR University titled “Digital Justice and the New Criminal Codes”, highlights that Sections 173, 105 and 308 of the BNSS collectively mark a shift towards a “virtual-first” model of criminal adjudication. He emphasises that the provision allowing the accused to participate in trials through audio-visual means reflects the evolving notion of presence in a modern criminal process
A 2024 research commentary by the Observer Research Foundation (ORF) titled “Beyond E-FIR: Audio-Visual Recording and Real-Time Monitoring under the BNSS” argues that the statute creates an “end-to-end digital trail” extending from the initial e-FIR stage under Section 173 to the pronouncement of judgment through audio-visual means under Section 392. The authors observe that this digital continuity substantially reduces scope for procedural manipulation
In an article published in Live Law titled “Digital Innovations in BNSS- Paradigm Shift in Criminal Procedure”, Pratik Bhanu Mehta closely examines Section 530 and points out that it enables entire proceedings, including inquiry, trial and service of summons, to be conducted by electronic communication or audio-visual means, thereby transforming not just investigative practices but courtroom procedure as well
The Bureau of Police Research and Development (BPR&D) in its 2023 Study Report on Use of Technology in Criminal Investigations applauds the BNSS for requiring audio-visual documentation of search and seizure (Sections 105 and 185(2)). The report concludes that this provision shortens evidentiary authentication timelines and assists in judicial verification of police conduct
An explanatory article published by Bar & Bench in January 2024 titled “How BNSS Integrates Virtual Hearings into Criminal Trials” analyses Sections 180 and 308 in tandem and concludes that audio-visual witness testimony and remote participation not only reduce procedural delays but also expand access to justice in geographically remote regions
METHOD
Following the identification of all the statutory provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 that specifically address electronic communication and audio-visual means, each provision was categorized based on the stage at which it was applied in the criminal process (investigation, testimony, trial, judgment, and service of process). The Supreme Court’s and High Courts’ pertinent rulings were then taken into consideration when interpreting these clauses, with special attention paid to the issue of whether or not these rulings encourage or prohibit the use of digital mechanisms. In order to comprehend the legislative intent behind the introduction of measures like e-FIR, digital documentation, and audio-visual participation, the textual reading of the statute was complemented by the use of reputable commentary and journal articles.
The language of the provisions and the practical applications of the provisions by the judiciary were studied using a doctrinal analytical framework. In order to determine whether the move towards digital justice is a significant development in procedural law or just an administrative convenience, the paper compares the digital alternatives currently offered under the BNSS with the traditional procedural requirements (such as the accused’s physical presence and the manual recording of statements).
SUGGESTIONS
- Establishment of a Single Digital Justice Portal
To optimize the potential of provisions like Section 173 (e-FIR), Section 308 (audio-visual participation during trial), and Section 392 (virtual pronouncement of judgments), a single national portal that combines e-FIR registration, real-time access to audio-visual recordings of investigations, and case documents for all parties must be developed. - Investing in Visual and Audio Infrastructure
The availability of secure video conferencing facilities at police stations and court
locations is a prerequisite for the efficient application of Sections 105, 180, and 183. It is advised that the government set aside particular funds to build recording infrastructure and high-speed connectivity in all district-level institutions.
- Mandatory Training of Police and Judicial Officers
To familiarize them with the technical procedures of audio-visual recording, the safe handling of digital files, and the use of electronic communication in accordance with the BNSS, training programs should be implemented for investigators, prosecutors, and judges.
- Standards for Cybersecurity and Data Protection
In order to prevent unauthorized access, tampering, and loss of sensitive data, specific cybersecurity guidelines must be established because audio-visual recordings and case documents will be stored and transmitted online. - Extension of Remote Participation Resources to Rural Communities
The provision of remote participation tools in rural and underdeveloped areas should receive particular attention in order to guarantee that the advantages of digital justice are felt by the whole population. The accused, witnesses and victims should be able to access audio-visual communication facilities from designated “justice service centres” in their local areas.
CONCLUSION
The 21st century’s swift technological advancements have changed not only how people interact with one another but also how the government is supposed to carry out its constitutional duties. The Bharatiya Nagarik Suraksha Sanhita, 2023, marks a significant and long-overdue transition to a procedural regime enabled by technology. By implementing procedures like e-FIR registration (Section 173), audio-visual documentation of investigations (Sections 105 and 185(2)), remote confessions and testimony (Sections 180 and 183), and virtual involvement in the stages of trial and verdict (Sections 308 and 392) the statute transforms criminal procedure into a framework that is capable of meeting contemporary constitutional expectations of accessibility, transparency and efficiency.
Crucially, these reforms are neither theoretical nor speculative. Beginning with State of Maharashtra v. Praful B. Desai (2003) and continuing with In Re: Guidelines for Video Conferencing (2020), the Supreme Court has consistently upheld the legitimacy of video conferencing in criminal proceedings, noting that the use of audio-visual technology is entirely consistent with an accused person’s right to actively participate in the proceedings. Furthermore, courts have started to operationalize these provisions in practice, as evidenced by the Kerala High Court’s 2024 directive requiring the digital documentation of investigative steps. Scholarly commentary by authors like V. Venkatesan and Faizan Mustafa highlights that BNSS provisions are a fundamental realignment of the system rather than just an addition of digital technology to a system towards the principle that believes “justice must be as accessible as the nearest digital device.”
It is not only desirable but also necessary in this context to move from physical presence to virtual jurisdiction, from handwritten memos to digital traceability, and from fragmented paperwork to end-to-end electronic records. As a result, the BNSS puts India in a strong position to transition from a paper-based criminal justice system to one that is both digitally strong and responsive to the constitution. Digital justice will undoubtedly become the norm rather than the exception in India’s criminal justice system as the judiciary, law enforcement, and legal profession gradually adjust to this framework.
HEMANYA PURI
THE LAW SCHOOL, UNIVERSITY OF JAMMU