The landscape of criminal investigation in India is undergoing a foundational transformation, driven by digitalization and legislative reform. The enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marks a paradigm shift from a colonial-era, procedure-centric model to a victim-centric, accessible, and efficient justice delivery framework. This article provides a comprehensive analysis of this digital evolution, focusing on three pivotal innovations: E-FIR, Zero FIR, and integrated online complaint systems. It argues that while these mechanisms, as codified under BNSS Section 173, significantly bridge long-standing accessibility and accountability gaps, particularly for women, marginalized communities, and victims of cybercrime, their implementation is fraught with systemic, infrastructural, and socio- legal challenges. Through doctrinal and empirical analysis, the article examines the historical context from the Code of Criminal Procedure, 1973, to the post-Nirbhaya reforms, culminating in the BNSS. It delves into the procedural nuances, judicial backing, and technological infrastructure underpinning these tools, supported by National Crime Records Bureau (NCRB) data and case studies from states like Uttar Pradesh and Delhi. The analysis also critically addresses the persistent digital divide, risks of procedural misuse, privacy concerns in light of the Digital Personal Data Protection Act, 2023, and institutional resistance. By incorporating comparative perspectives from global models like the UK’s online crime reporting, the article proposes a nuanced reform roadmap. It concludes that the success of India’s digital investigative shift hinges not on technology alone, but on concurrent investments in police sensitization, rural digital literacy, robust cyber-security, and an ethical framework for Artificial Intelligence, ultimately forging an integrated e-justice ecosystem that truly serves the Nagarik (citizen).
Advocate Bhumika Batra (Mon,) studied this question.