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A Critical Analysis Of Police Investigation Procedures In Comparison With CRPC And BNSS




S. Gopinath, Rashtriya Raksha University

Mansee Chaurasia, School of Criminal and Security Laws


ABSTRACT


The Code of Criminal Procedure (CrPC), 1973, was amended and replaced in the BNSS, 2023, and came into effect on 01 July 2024, creating a major turning point in the Criminal justice system of India. An evaluation and amendment brought between these acts, namely BNSS, 2023 and CrPC, 1973, is presented in this article with particular attention paid to the revolutionary changes made in the BNSS under Chapter XIII (Sections 173– 196). For efficiency and transparency in the criminal justice system, the BNSS incorporates various methods like technology, such as digital FIRs(E- FIR and Zero FIR), electronic communication, forensic evidence and electronic trials. Additionally, it grants reforms aimed at improving accountability and restricting police custody for the detained person. After this Act came into force, the transformation and supremacy of India’s Criminal justice system became very strong, considering the colonial law CRPC, 1973. Critical assessment of these amendments exposes chances for improvement in greater transparency, efficiency, and accountability. The Code of Criminal Procedure (CrPC), 1973, was modernised and amended as per the needs in modern India in the new Act, namely BNSS, 2023, marking a major turning point in India's criminal justice system. A comparison between BNSS and CrPC is presented in this article, with particular attention paid to the revolutionary modifications made to BNSS in Chapter XIII (Sections 173–196). Additionally, it presents reforms aimed at improving accountability and restricting police custody. This research paper adopts a doctrinal form of research methodology along with the analytical methodology of research. Doctrinal legal research also referred to as armchair research. Though successful execution is difficult, all of these improvements have the potential to transform Indian judicial system. Critical assessment of these modifications exposes chances for improvement in greater transparency, efficiency, and accountability.


Keywords: Accountability, Transparency, Bharatiya Nagarik Suraksha Sanhita (BNSS), Code of Criminal Procedure (CrPC), Criminal justice reform, Technological innovation and Police investigation procedures.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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