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Modernizing Criminal Law: The Introduction Of Bharatiya Nagarik Suraksha Sanhita And Its Implications On Safeguarding The Rights Of Citizens




Angikar Sengupta, Department of Law, University of North Bengal, Siliguri


ABSTRACT


On 21 December 2023, the Parliament passed The Bhartiya Nyaya Sanhita, The Bharatiya Nagarik Suraksha Sanhita and The Bharatiya Sakshya Adhiniyam, 2023. These three criminal reforms have now replaced the Indian Penal Code, Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872 respectively. The enactment of these legislation represents a shift in India's legal system. The Bharatiya Nagarik Suraksha Sanhita 2023 aims to humanize the criminal justice system. By establishing investigation timetables, it hopes to make justice more accessible and responsive to the interests of the public. It replaces old terminology with more accessible language, demonstrating a dedication to a humanitarian approach. This new code includes various modifications intended to simplify judicial processes, improve law enforcement capabilities, and close long-standing inadequacies in the criminal justice system. The Bharatiya Nagarik Suraksha Sanhita also promotes gender equality by removing gender-specific terms from legal proceedings. To improve access to justice, it broadens legal aid eligibility. However, with these ambitious reforms come crucial questions about the balance between efficiency, fairness, and the preservation of human rights. There are also concerns about potential abuse of police authority and the impact on individual rights. The Bharatiya Nagarik Suraksha Sanhita has significant implications for citizens rights and security. When discussing citizens rights, the Bharatiys Nagarik Suraksha Sanhita must be viewed through its perspective of constitutional assurances emphasizing the balance between security and civilian liberties.


Keywords: Bharatiya Nagarik Suraksha Sanhita, Criminal justice system, Individual rights, Public interest, Constitutional assurance


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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