“VIRTUAL COURTS INFRASTRUCTURE UNDER BNSS: ACCESS TO JUSTICE VS DIGITAL EXCLUSION.”
AUTHOR – TILAK VIPUL MISTRY, STUDENT AT SHREE L.R. TIWARI COLLEGE OF LAW, MUMBAI UNIVERSITY
BEST CITATION – TILAK VIPUL MISTRY, “VIRTUAL COURTS INFRASTRUCTURE UNDER BNSS: ACCESS TO JUSTICE VS DIGITAL EXCLUSION.”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 40-47, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract:
[1]The introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) signifies a transformative moment in India’s criminal procedural law, superseding the previous Criminal Procedure Code, 1973, and ushering in a wave of tangible reforms for streamlining justice delivery. One of the most important innovations under BNSS is the virtual courts, which have been formally acknowledged and integrated in the system, allowing electronic filing of First Information Reports (e-FIRs) and issuance of e-summons and the use of secure video conferencing platforms for trials and hearings. The reforms are meant to increase access to justice, decrease judicial delays, and increase efficiency within India’s over-stuffed courtrooms.
This research paper conducts an analysis on the dual impact of virtual courts under BNSS, where it points to the democratizing potential of access to justice through them while underscoring the digital exclusion that risks. While virtual courts make it easier for litigants who live in remote areas to participate in courts, save on travelling costs, and ensure early adjudication, there is also a concern over the digital divide, lack of technological literacy and poor infrastructure, especially in marginalized sections.
The study adopts the doctrinal research methodology which is based on the careful examination of the BNSS, 2023, relevant case laws, government reports and secondary literature. A comparative approach is also adopted, comparing virtual court processes under BNSS with traditional trial processes under CrPC, 1973, and also with digital justice frameworks of other jurisdictions. Further, empirical examples are provided from pilot virtual court projects and High Court initiatives to evaluate on-the-ground challenges and successes.
Drawing on the arguments of substance and structure, this paper also looks at the advantages and shortcomings of virtual courts in light of the trade-off between innovation in technology and equitable access to justice. Recommendations are made on how digital exclusion could be addressed through public access centres, digital literacy initiatives, and hybrid models of court operating both online and in person.
Keywords: BNSS 2023, Virtual Courts, Access to Justice, Digital Exclusion, E-FIR, E-Summons, Digital Evidence, Doctrinal Research, Comparative Study, Procedural Law, Judicial Reforms
[1] Bharatiya Nagarik Suraksha Sanhita, 2023, §§ 12–18 (India). Criminal Procedure Code, 1973, §§ 190–204 (India). Law Commission of India, 245th Report: Digitalization of Courts and Legal Processes, 2014.