BNSS And The Balance Between Ease Of Doing Business And Corporate Criminal Accountability In India

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Aditya Sinha, University of Mumbai, Thane Sub-Campus

ABSTRACT

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) brings a significant change to India’s criminal procedural framework by replacing the Code of Criminal Procedure, 1973 (CrPC). This reform has mostly been discussed in the context of general criminal justice. However, its effects on corporate criminal liability have not received much attention. Corporations and their officers face increasing prosecution for economic offences, regulatory breaches, and financial fraud. As a result, procedural law plays a vital role in balancing accountability with business stability. This article looks at how the BNSS impacts corporate criminal prosecutions, particularly in areas like arrest powers, investigation methods, summons processes, and changes to evidence rules. It argues that while the BNSS improves procedural efficiency and incorporates digital elements, some new discretionary powers could influence corporate governance and the ease of doing business if they are not used with appropriate safeguards. The article uses a doctrinal and policy- focused approach to examine statutory provisions, court rulings, and comparative frameworks. It also suggests ways to align effective enforcement with business certainty.

Keywords: Bharatiya Nagarik Suraksha Sanhita, corporate criminal liability, ease of doing business, procedural law, corporate accountability.

458. BNSS AND THE BALANCE BETWEEN EASE OF DOING BUSINESS AND CORPORATE CRIMINAL ACCOUNTABI

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