Digital Transformation Of Criminal Courts Under The BNSS, 2023: A Critical Analysis Of Fair Trial And Access To Justice In India
- IJLLR Journal
- 18 minutes ago
- 2 min read
M. Pushparani, LL.M. (CBCS), School of Excellence in Law, The Tamil Nadu Dr. Ambedkar law University, Chennai
1. ABSTRACT
The Indian criminal justice system is currently undergoing a major reform as a result of the incorporation of technology in the dispensation of criminal justice. The passage of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is one of the steps that have been taken in the process of updating criminal procedures and conducting technology-assisted criminal proceedings. For example, section 530 of the BNSS provides for the adoption of electronic communications and audio-video electronic communications in different aspects of criminal proceedings such as trials, investigations, examination of witnesses, gathering and presentation of evidence and appeals. In addition, this statutory provision complements efforts made to advance the e-Courts Project.
There are opportunities for digital transformation to make criminal courts more efficient, transparent and accessible as a result of eliminating delays, minimizing physical attendance and allowing remote participation as well as increasing access to judicial information. On the other hand, the growing usage of digital technology gives rise to serious issues associated with the right to a fair trial, adequate legal defense, confidentiality, privacy, cybersecurity and the digital divide. These challenges become especially critical in criminal cases because people’s freedoms and rights are at stake there.
This paper critically evaluates the digitization of criminal courts in accordance with BNSS, 2023, focusing specifically on its effects on fair trial and access to justice. In addition to the analysis of the benefits and challenges associated with conducting cases through virtual hearings, electronic communication, digital evidence and technology-mediated criminal proceedings, it is suggested that the digitization of the criminal court system should not only be seen as a technical reform but also as a constitutional and rights-based revolution of the system. This paper calls for the implementation of the hybrid approach based on a combination of physical and virtual proceedings along with advanced digital legal aid, technological infrastructure and protection of privacy and cybersecurity of the accused, victims and witnesses.
Keywords: Digital Criminal Courts, BNSS 2023, Fair Trail, Digital Evidence, Access to Justice, e- courts, Criminal Justice System, Virtual Hearings.
