Technology, forensics and criminal procedure: A critical study of recent reforms in India

Abstract

The transformation of crime through digital technology has compelled criminal justice systems to reconsider conventional methods of investigation, evidence collection, prosecution and adjudication. India has recently undertaken one of the most significant restructurings of its criminal justice framework through the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Bharatiya Sakshya Adhiniyam, 2023 (BSA), and the Bharatiya Nyaya Sanhita, 2023 (BNS), which came into force on 1 July 2024. These reforms seek to incorporate forensic science, electronic communication, digital evidence, audio-video recording and technology-assisted judicial processes into mainstream criminal procedure. The BNSS introduces, inter alia, forensic examination of crime scenes in serious offences, audio-video recording of searches and seizures, electronic communication of information relating to cognizable offences, electronic service of summons, audio-video recording of statements and the possibility of conducting trials and other proceedings through electronic means. Section 176(3) of the BNSS requires, from a date to be notified by each State within the statutory implementation period, the attendance of a forensic expert at crime scenes involving offences punishable with imprisonment of seven years or more and videography of the evidence-collection process. Sections 61–63 of the BSA strengthen the legal recognition of electronic and digital records, while its statutory certificate mechanism incorporates device particulars and hash values for authenticating electronic evidence.

The reforms represent a significant shift from confession- and testimony-dependent investigation toward evidence-based criminal justice. They may increase transparency, reduce manipulation, improve documentation and strengthen prosecution where forensic evidence is collected scientifically. Nevertheless, technological modernisation also produces constitutional, institutional and evidentiary challenges. The reliability of forensic techniques, shortages of laboratories and trained experts, digital chain-of-custody requirements, algorithmic integrity, cybersecurity, privacy, biometric-data retention, uneven technological infrastructure and risks of exclusion of digitally disadvantaged participants require careful attention. The Criminal Procedure (Identification) Act, 2022 adds another dimension by authorising extensive collection and long-term retention of biometric and other measurements, thereby requiring reconciliation between scientific investigation and the constitutional right to privacy.

This article critically analyses the historical evolution of technology and forensic science in Indian criminal procedure, examines the principal reforms introduced by the new criminal laws, evaluates their practical and constitutional implications and compares Indian developments with selected international approaches. It argues that technology should supplement rather than replace judicial scrutiny, procedural fairness and professional investigation. The success of India's new forensic-oriented criminal justice model will ultimately depend less on statutory declarations than on scientific standards, laboratory capacity, independent quality assurance, judicial competence, data protection and consistent implementation across States.