Expansion Of Police Powers Under The Bharatiya Nagarik Suraksha Sanhita, 2023: Balancing Effective Law Enforcement With Constitutional Safeguards
- IJLLR Journal
- 2 minutes ago
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Shivansh Dubey, B.A. LL.B. (Lucknow University), LL.M., UGC NET (Law)
ABSTRACT
The adoption of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a “radical change in the criminal procedure law in India as it replaces the Code of Criminal Procedure, 1973, which dates back to the colonial era. The new law aims at updating the criminal justice administration by making them more efficient, embracing the use of technology and a faster way of carrying out investigation and trial activities. It, however, also gives rise to a broadening of police authority, especially when it comes to arrest, detention, search and seizure, and online surveillance. This trend attracts serious constitutional issues about overreach and abuse. The article critically looks at the extent and size of such extended powers and analyses their conformity to the basic rights guaranteed by the Constitution of India, especially Articles 14, 19 and 21. It interacts with the judicial concepts that have been determined in the landmark cases like D.K. Basu v. State of West Bengal Maneka Gandhi v. Union of India which stress on procedural fairness, and anti-arbitrary state action. As much as the BNSS is meant to enhance law enforcement and solve modern day issues there is a risk that it will strip away civil liberties without stringent safeguards and accountability controls. According to the argument in the paper, an effective balance should be maintained between effective policing and constitutional protections. It implies that increased judicial checks and balances, procedural transparency and institutional responsibility are necessary to guard against power abuse and legitimize the criminal justice system in a democratic society.
Keywords: Police Powers; BNSS 2023; Criminal Procedure Reform; Fundamental Rights; Due Process; Civil Liberties.
