COMPARITIVE STUDY OF BNSS AND CRPC: EMPHASIZING ON VITAL PROCEDURAL REFORMS

AUTHOR – VEDANTA MALLIK, STUDENT AT AMITY UNIVERSITY

BEST CITATION – VEDANTA MALLIK, COMPARITIVE STUDY OF BNSS AND CRPC: EMPHASIZING ON VITAL PROCEDURAL REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 847-892, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research comprehensively examines the transformative impact of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, on India’s criminal justice system, indicating a transition from colonial-era legislation to address contemporary issues. The study investigates four critical reforms: Trials in Absentia, Redefining Criminal Complaints, Mechanisms of Mercy Petitions, and Digital Justice. The study evaluates, through a comparative analysis of historical precedents, international treaties, and judicial interpretations, whether the BNSS achieves an optimal balance between procedural efficiency and fundamental rights.

Trials in Absentia creates a structured way to deal with delays caused by the flight of accused people. It includes protections like mandatory notifications and legal representation. Still, there are worries about fairness in the process and the possibility of exploitation. The revised Criminal Complaints mandate compels magistrates to hear the accused before cognizance, which cuts down on pointless lawsuits but makes it harder to figure out when and how to employ specialized provisions. Mercy Petitions now set deadlines to help with chronic delays, but there are still ethical issues with presidential discretion that need to be worked out.  Digital Justice uses technology like electronic summons, virtual testimonies, and forensic advances, but it also faces problems like digital inequities and cybersecurity concerns. The dissertation focuses on the BNSS’s victim-centered approach, but it also points out problems with the process that could hurt the rights of the accused.  It emphasizes the need for clear courts, strong infrastructure, and moral leadership to make sure that the improvements lead to a modern, equitable criminal justice system.  The BNSS is a significant step forward in the law, but it will only work if it is carefully carried out, constantly changed, and firmly committed to the fundamental principles of fairness and human dignity