Digitisation of India’s Criminal Justice System
Context and Background
- India’s criminal justice system is undergoing a landmark technological transformation after BNS implementation.
- The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) replaced the IPC, CrPC and Indian Evidence Act from July 2024.
- Audio-visual recording of trials, electronic summons and digital FIRs are now legally mandated under BNSS.
- The Interoperable Criminal Justice System (ICJS) connects police, courts, prisons and prosecution digitally.
Critical takeaway: India faces a chronic pendency crisis with over 5 crore cases pending across all court levels — the backdrop against which this digitisation push is unfolding.
Key Aspects of India’s Criminal Justice System
Staffing Shortfall
India has approximately one police officer per 710 citizens against the UN recommended ratio of 1:450, with only 36% of sanctioned positions filled.
Forensic Backlogs
Forensic Science Laboratories (FSLs) face severe backlogs with samples pending for months or years, even as BNSS mandates forensic investigation for offences punishable with seven or more years.
Judge Shortage
India has only 21 judges per million population against the Law Commission’s recommended 50, with public prosecutors grossly understaffed across many states.
Digital Push
The e-Courts Mission Mode Project Phase III is deploying digital infrastructure across all court levels, with virtual hearings and e-filing normalised since the COVID-19 pandemic.
Overcrowding
Indian prisons operate at 137% occupancy against sanctioned capacity nationally, with undertrials constituting 76% of the total prison population.
Staff Vacancies
Prison staff vacancies exceed 30% nationally, with states like Delhi seeing vacancies as high as 60%.
Structural Challenges in India’s Criminal Justice System
- Institutional Silos: Police, courts, prosecution and prisons operate in isolated silos without real-time information sharing.
- Digital Divide: Many rural and lower court levels lack reliable internet connectivity for digital justice delivery.
- Evidence Chain Gaps: Chain of custody for digital evidence is poorly documented, creating trial vulnerabilities.
- Legal Aid Deficit: NALSA reaches only a fraction of those entitled to free legal aid.
- Witness Protection: India lacks a comprehensive witness protection programme, undermining trial integrity significantly.
- Cybercrime Capacity: Police forces lack trained cybercrime investigators as digital offences multiply rapidly.
Emerging risks: AI-powered policing tools may perpetuate existing biases against marginalised communities, and large-scale digitisation without a fully operationalised Digital Personal Data Protection Act creates serious privacy risks.
Way Forward: Reforming India’s Criminal Justice System
ICJS Strengthening
Fully operationalise ICJS real-time data sharing across police, courts, prisons and prosecution.
Forensic Capacity
Establish state-of-the-art FSLs in every district and reduce forensic pendency systematically.
Police Reforms
Fill vacancies, improve police-population ratio and implement Supreme Court directives in the Prakash Singh case.
Fast-Track Courts
Expand dedicated fast-track courts for serious offences and cases involving vulnerable populations.
Legal Aid Reform
Strengthen NALSA with adequate funding and trained lawyers to ensure meaningful access to justice.
Witness Protection Act
Enact a comprehensive national Witness Protection Act to secure trial integrity.
AI Governance
Develop clear accountability frameworks for AI tools used in policing and criminal justice.
Prison Reforms
Implement Justice Amitava Roy Committee recommendations including speedy trials and Personal Recognizance bonds.
Source: The Hindu
