A Jurisprudential Study Of Arrest, Custody And Investigation Under The Bharatiya Nagarik Suraksha Sanhita, 2023
- IJLLR Journal
- May 22
- 2 min read
Samarth Deepak Hundekar, LL.M., Bharati Vidyapeeth (Deemed to be) University, New Law College, Pune
Dr. Rashmi Dubey, Assistant Professor, Bharati Vidyapeeth (Deemed to be) University, New Law College, Pune.
ABSTRACT
The very foundations of the Bharatiya Nagarik Suraksha Sanhita, 2023 are based and drafted on the very legal framework laid down by the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 tends to modify and restructure the Indian Criminal Justice system with the help of introduction of new provisions such as that of the mandatory forensic investigation for certain type of offences, mandatory Audio – Video graphing of the Processes of investigation, expansion of the police powers by extending the scope of police custody. However, the Bharatiya Nagarik Suraksha Sanhita, at the forefront tries to balance the very arbitrary exercise of powers by the police to that of non-violation of fundamental rights of the individual. This balance is necessary to be maintained in the society in order to avoid a tyrannical situation. With the vast evolution of the society, technology has become an integral part of it, the need to integrate the technology with that of the procedural criminal law of the country has been fulfilled with the enactment of the Bhartiya Nagarik Suraksha Sanhita, 2023. With the newly introduced provisions, the investigation processes have become strengthened and transparent and as such threats of evidence tampering does not subsist anymore at a greater level. Even though the Bharatiya Nagarik Suraksha Sanhita aims at maintaining the equilibrium between the exercise of powers and the individual liberty of the Citizens, the true test of its enforcement would lie in making an effective infrastructure in order to effectuate this pragmatic shift in the paradigm of the Indian Criminal Justice system.
Keywords: BNSS 2023, Criminal Jurisprudence, Expanded and enhanced Police powers, Tussle between Individual Rights and Police Powers, Forensic investigation.
