Examine the role of technology (e-Sakshya, Nyaya Setu) in transforming India's criminal justice system under the new criminal law framework.
Q. Examine the role of technology (e-Sakshya, Nyaya Setu) in transforming India's criminal justice system under the new criminal law framework. (15 marks, 250-350 words)
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam, in force since 1 July 2024, replaced the colonial IPC, CrPC and Evidence Act [3]. Their distinguishing feature is not merely new offences but a technology-first architecture, operationalised through applications like e-Sakshya and Nyaya Setu launched by the Union Home Minister at Chandigarh [1].
Transforming investigation and evidence - e-Sakshya stores videography, photography and testimonies on an e-evidence server, instantly accessible to courts — curbing tampering and delayed transmission of case property [1]. - Mandatory audio-video recording of search and seizure aligns with BSA's recognition of electronic records as primary evidence, reducing acquittals from procedural lapses [3].
Integrating the criminal justice pillars - Nyaya Setu links police, medical, forensic, prosecution and prisons on a single dashboard, giving the investigating officer all case information "in one click" — replacing siloed, paper-based coordination [1]. - e-Summon enables electronic service of summons from court to police station and party, while Nyaya Shruti permits witness examination via video conferencing, cutting cost and adjournments [1].
Enabling conditions and constraints - Technology succeeds only with capacity: BPR&D prepared 13 training modules and trained 43,150 personnel through a Training-of-Trainers model, with States adding over eight lakh officials [2]. - Uneven rollout persists — 'police' being a State subject (Entry 2, List II), adoption of e-Sakshya and Nyaya Setu varies across the 36 States/UTs, alongside gaps in connectivity, forensic manpower and data-security safeguards [2].
Technology under the new framework thus shifts criminal justice from testimony-centric and paper-driven processes to evidence-based, interoperable and time-bound delivery. Sustaining this requires forensic infrastructure expansion, robust data-protection protocols and continuous police training, so that the constitutional promise of speedy justice under Article 21 is realised in practice rather than merely digitised on paper.
(~320 words)
Sources: 1. PIB — Union Home Minister launches e-Sakshya, Nyaya Setu, Nyaya Shruti and e-Summon Apps, Chandigarh — functions of e-Sakshya (e-evidence server), Nyaya Setu dashboard integration, e-Summon and Nyaya Shruti 2. PIB/MHA — Imparting Training of Stakeholders for Implementation of New Criminal Laws (BPR&D) — 13 training modules, 43,150 personnel trained, State/UT training and coverage of 36 States/UTs 3. India Code — The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023) — enactment of the new criminal laws replacing IPC/CrPC/Evidence Act and statutory basis for electronic records