Transforming Criminal Procedure: An Analysis Of The Bharatiya Nagarik Suraksha Sanhita, 2023
- IJLLR Journal
- 6 days ago
- 1 min read
Sameer Singh, Ph.D. Scholar (Law), Advocate, High Court of Judicature at Allahabad, Lucknow Bench
ABSTRACT
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) marks a significant departure from India’s long-standing criminal procedural framework by replacing the Code of Criminal Procedure, 1973. Conceived as part of a broader legislative reform aimed at decolonising criminal law, the BNSS seeks to address persistent systemic shortcomings such as delay, misuse of arrest powers, prolonged undertrial detention, and limited victim participation. This article undertakes a doctrinal and analytical examination of the principal procedural reforms introduced under the BNSS, with particular emphasis on registration of First Information Reports, arrest and custody safeguards, investigation and trial timelines, bail and default bail provisions, victim-centric measures, and technological integration. The article further evaluates the constitutional implications of these reforms and identifies potential implementation challenges. It is argued that while the BNSS reflects a progressive and rights-oriented legislative intent, its transformative promise will ultimately depend upon purposive judicial interpretation and institutional preparedness.
