New Criminal Laws: Legal Recognition Of Advanced Technology In The Indian Criminal Justice System
Dr. Shambhu Singh Rathaur, Principal,Sir Pratap Vidhi Mahavidyalaya, Jodhpur, Rajasthan
ABSTRACT
Electronic evidence, digital investigations, and virtual hearings were not included in any of the three colonial-era laws that governed India's criminal justice system until July 1, 2024. With the passage of the Bharatiya Nyaya Sanhita, 2023 ("BNS"), the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), and the Bharatiya Sakshya Adhiniyam, 2023 ("BSA"), technology now has a clear and comprehensive legal basis for all stages of criminal procedure, including filing complaints, search and seizure, forensic investigations, recording statements, trials, and the presentation of evidence. The journey from Section 65B of the former Indian Evidence Act, 1872 through the Supreme Court's developing jurisprudence in Anvar P.V. v. P.K. Basheer, Shafhi Mohammad v. State of Himachal Pradesh, and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal to the recalibrated certification regime under Section 63 of the BSA is examined in this article. It critically assesses the infrastructural, constitutional, and evidential dangers associated with this technological shift and places this regulatory architecture in addition to the executive-driven use of artificial intelligence capabilities in policing and adjudication. The article concludes that although the new codes' legal recognition of technology is a necessary and long overdue reform, its constitutional legitimacy depends on the concurrent development of institutional safeguards, forensic infrastructure, and judicial standards that can verify the accuracy of digital records.
Keywords: Bharatiya Nyaya Sanhita; Bharatiya Nagarik Suraksha Sanhita; Bharatiya Sakshya Adhiniyam; Electronic Evidence; Section 63 BSA; Videography; Forensic Investigation; Artificial Intelligence; Criminal Procedure; Digital Justice.
