LIJDLR

Bharatiya Nagarik Suraksha Sanhita (BNSS)

RECASTING CRIMINAL PROCEDURE UNDER THE BNSS: EFFICIENCY OR EROSION OF DUE PROCESS?

Volume IV Issue I /

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) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.12 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.

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CRITICAL ANALYSIS OF PROBLEMS OF WITNESSES IN CRIMINAL JUSTICE SYSTEM IN INDIA

Volume III Issue I /

CRITICAL ANALYSIS OF PROBLEMS OF WITNESSES IN CRIMINAL JUSTICE SYSTEM IN INDIA Tanu Rajput, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Anupriya Yadav, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.31 The integrity and safety of witnesses are crucial to the legitimacy and efficacy of any criminal justice system. Threats, intimidation, harassment, postponed trials, and a lack of institutional protection are just a few of the many difficulties that witnesses in India frequently encounter; these issues jeopardise the administration of proper justice. This research assesses the efficacy of recent law reforms while critically analysing the systemic issues witnesses encounter inside the Indian criminal justice system. The Indian legal system has entered a transformative phase with the replacement of colonial-era laws by the Bharatiya Sakshya Adhiniyam (BSA), Bharatiya Nyaya Sanhita (BNS), and Bharatiya Nagarik Suraksha Sanhita (BNSS), specifically the Indian Evidence Act, Indian Penal Code, and Code of Criminal Procedure. This paper looks at how these recent laws handle long-standing concerns about credibility, examination, and witness protection. The study investigates the shortcomings of the existing safeguards, the influence of hostile witnesses, and procedural bottlenecks. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 772-786. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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