An Evolution Of B.N.S.S., In The Light Of Political Martyrdoms
- IJLLR Journal
- Jun 12
- 1 min read
Dr Gowthaman N, Associate Professor, (Crime and Tort), Chennai Dr Ambedkar Law College, Pudupakkam
ABSTRACT
India’s criminal justice system has witnessed critical turning points shaped not only by legal developments but also by the tragic loss of its national leaders through assassinations. The deaths of M.K.Gandhi (1948), Indira Gandhi (1984), and Rajiv Gandhi (1991) triggered immense national trauma and posed significant challenges to the criminal justice framework. These incidents sparked debates around sentencing policies, particularly concerning commutation and remission of sentences, and brought into focus the constitutional powers of the President and Governors under Articles 72 and 161. This research explores the evolution of the Criminal Procedure Code (CrPC) in light of these political martyrdoms, focusing on the shifting legal approach to punishments, executive discretion, and the Supreme Court's decisions. The study analyses landmark judgments such as Union of India v. V. Sriharan (2015), which redefined the scope of remission. With the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023, the paper examines the transformation of procedural criminal law, identifying how the lessons from historical tragedies have informed the restructuring of legal provisions. Through doctrinal and analytical methodology, this research highlights the intersection of law, politics, and public sentiment in shaping penal policy in India. Ultimately, the study aims to understand whether these legal amendments have strengthened justice delivery or tilted the balance between reformation and retribution in sensitive criminal laws.
Keywords: Assassinations, Criminal Procedure Code (CrPC), Suspension of sentence, Commutation and Remission, Bharatiya Nagarik Suraksha Sanhita (BNSS).
