Introduction 

• Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS) represents a significant departure from the Code of Criminal Procedure, 1973 (CrPC). 
• Technological and societal changes are more prominently reflected in BNSS definitions 
• Chapter XXXIX states miscellaneous provisions which cover the provision related to electronic trial.  

Objectives of Electronic Trials 

• The primary objectives of implementing electronic trials under the BNSS include: 
  • Efficiency: 
    • To expedite the trial process by reducing the time taken for hearings and judgments. 
  • Accessibility: 
    • To make the judicial process more accessible to litigants, especially those in remote areas. 
  • Transparency: 
    • To enhance the transparency of court proceedings through digital records and real-time access to hearings. 
  • Cost-Effectiveness: 
    • To minimize the costs associated with physical trials, such as travel and logistics. 

Provision of Electronic Trial Under BNSS 

• Section 530 of BNSS states the provisions for Trial and proceedings to be held in electronic mode as: 
  • Summons and Warrants: 
    • Courts can now: 
      • Issue summons (official orders to appear) electronically. 
      • Serve these documents to people through electronic means. 
      • Execute warrants using electronic methods. 
      • Send legal notices via email or other electronic platforms. 
  • Examination of People: 
    • Courts can conduct:
      • Questioning of complainants (people who file cases) through video conferencing. 
      • Interviewing witnesses remotely. 
      • Taking statements via electronic platforms. 
      • Recording testimonies through audio-video means. 
  • Recording Evidence: 
    • Courts can:
      • Record all trial evidence electronically. 
      • Accept digital documents and evidence. 
      • Store witness statements in electronic format. 
      • Maintain digital records of all proceedings. 
      • Document exhibits and materials presented during trial electronically. 
  • Appeal Proceedings: 
    • Higher courts can: 
      • Hear appeals through video conferencing. 
      • Accept appeal documents electronically. 
      • Conduct appeal hearings remotely. 
      • Issue appeal orders through electronic means. 
  • Other Proceedings: 
    • Any other court proceedings can be conducted electronically, including:
      • Bail hearings. 
      • Arguments by lawyers. 
      • Case status hearings. 
      • Judgment pronouncements. 
      • Production of accused persons. 
      • Pre-trial proceedings. 

Implications for the Legal System 

• The introduction of electronic trials under the BNSS is expected to have several implications for the Indian legal system: 
  • Reduction in Backlog: 
    • By expediting trials, electronic proceedings may help reduce the backlog of cases in courts. 
  • Increased Public Confidence: 
    • Enhanced transparency and accessibility may lead to increased public confidence in the judicial system. 
  • Adaptation of Legal Professionals: 
    • Lawyers and judges will need to adapt to new technologies and procedures, necessitating training and resources. 

Conclusion 

The electronic trial provisions under the BNSS represent a transformative step towards modernizing the Indian criminal justice system. By leveraging technology, the BNSS aims to create a more efficient, accessible, and transparent judicial process. As the legal community adapts to these changes, the successful implementation of electronic trials could pave the way for further innovations in the legal framework of India.