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Protection Against Custodial Violence In India: A Comparative Analysis Of The Code Of Criminal Procedure, 1973 And Bharatiya Nagarik Suraksha Sanhita, 2023

Updated: Mar 27


Dr. Tushita Sharma, Associate Professor, Vivekananda School of Law and Legal Studies (VSLLS), Vivekananda Institute of Professional Studies (VIPS-TC) Pitampura, Delhi


ABSTRACT


This research article examines the legal framework addressing custodial violence in India, with a focus on comparing the safeguards provided under the Code of Criminal Procedure, 1973 (Cr. P. C.) and the recently enacted Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.). The study explores the evolution of legal protections against custodial violence, analyzing their effectiveness, limitations, and the judicial interpretations that have shaped their implementation. Through an assessment of key provisions, case laws, and institutional mechanisms, this research highlights the advancements made under the B.N.S.S. while identifying persistent gaps that require further legislative and policy interventions to effectively combat the persistent challenge of custodial violence in India.





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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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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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