Effectiveness Of Witness Protection Measures Under Bhartiya-Nagarik Suraksha Sanhita 2023

Sakhi Pandya, B.B.A LL.B., AURO University

ABSTRACT:

The study Examines the effectiveness of witness protection measures under the Bharatiya Nagarik suraksha Sanhita (BNSS) 2023, a Legislative enactment in India aimed at perfecting the safety andsecurity of substations in legal proceedings, The Bharatiya Nagarik Suraksha Sanhita (“Bill”) was introduced in the Lok Sabha on August 11, 2023, with the end to repeal and replace the law of criminal procedure, 1973 (“CrPC”), along with two other bills intended to replace the Indian PenalCode, 1860 (“IPC”) and the Indian Evidence Act, 1872 (“Evidence Act”). It summarizes the mostnotable changes to the CrPC that have been proposed in the bill. The clauses as appended to in thebill are appended to as ‘section’ in this note for ease of reference.

The BNSS 2023 is a critical juncture in legal reforms, aiming to replace the outdated Procedure Code of 1898 with comprehensive changes across its 533 sections. The exploration uses a mixed- styles approach, combining quantitative analysis of case issues with qualitative interviews with legal interpreters and defended witness. It also examines proposed emendations like technologicalintegration, communication tools, defensive measures, cuff regulations, mercy desires, on-arrest slice, police detention, and trials in absentia. still, the study highlights implicit downsides, similaras witness abuse, sequestration enterprises, and perpetration challenges. The study concludes by emphasizing the need for a balanced approach that upholds individual rights while enhancing justice delivery through holistic legal reforms.

The exploration paper should critically estimate the effectiveness of India's current witness protection mechanisms, pressing their strengths, limitations, and areas for enhancement in light of the legal vittles and practical perpetration challenges linked in the Felonious Law Bills and the Bharatiya Nagarik Suraksha Sanhita 2023.

Keywords: Bharatiya Nagarik Suraksha Sanhita (BNSS), Criminal Procedure Code (CrPC), Legal Reforms, Implementation Challenges, Separation of Offences, Nature of offences.