RECASTING CRIMINAL PROCEDURE UNDER THE BNSS: EFFICIENCY OR EROSION OF DUE PROCESS?
Prapti Rajeev, B.A.LL. B, 4th year, Christ Academy Institute of Law, Bengaluru (India)
Srisha B.R., B.A.LL. B, 4th year, Christ Academy Institute of Law, Bengaluru (India)
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a significant shift in India’s criminal procedure by replacing the Code of Criminal Procedure, 1973. The BNSS, with the objective of providing efficiency, transparency, and speedy justice, brings with it digital procedures, rigid timelines, and increased powers of investigation. Though these reforms guarantee modernization and efficiency in criminal trials, they also form the subject of serious concerns about the erosion of procedural safeguards and constitutional entitlements of fair trial and liberty of an individual. This study identifies the conflict between administrative convenience and safeguarding basic rights, determining whether the new system actually delivers justice or sacrifices due process in the name of speed. Using a comparative and analytical approach, the analysis assesses critical provisions on arrest, detention, and evidence troupe, raising the issue of the scope of judicial oversight in the new system. The analysis ends by arguing that the success of the BNSS is not just a matter of procedural reforms but of their loyal implementation within the constitutional framework to ensure that efficiency strengthens, not weakens, the precepts of fairness, accountability, and the rule of law.
| 📄 Type | 🔍 Information |
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 275–290. |
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