Right Of Arrested Persons Under BNSS: A Human Rights Perspective
- IJLLR Journal
- 1 hour ago
- 1 min read
Amar Nath Gupta, Assistant Professor, Usha Martin University, Ranchi
ABSTRACT
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a major change in the Indian criminal justice system because the law replaces the colonial-era Code of Criminal Procedure, 1973. The provisions of arrest are among the most impactful, as it stands as one of the stages where the force of coercion of the State collides the most with the freedom of individual people. Not only is human dignity, personal autonomy and procedural fairness, which are central to constitutional and international human rights law, implicated by arrest but they are suppressed as well. The paper discusses the rights of persons in arrest under the BNSS in the human rights perspective by arguing whether the new system is sufficient to defend constitutional rights in Articles 21 and 22 of the Indian Constitution and falls within the international human rights norms. Through critical evaluation of statutory provisions, judicial interpretations and global norms, the paper aims at determining whether or not the BNSS signifies a substantive improvement in the protection of persons arrested or simply a redesigning of the already existing procedural security provisions. Another important issue contained in the study is the problem of implementation and a rights approach to arrest is suggested, which would reconcile effective prosecution and the need to safeguard human dignity.
Keywords: Arrest, BNSS 2023, Human Rights, Personal Liberty, Due Process, Criminal Procedure.
