A COMPARATIVE ANALYSIS OF GENDER DISPARITY IN CRIMINAL PROCEDURE FRAMEWORKS: THE CODE OF CRIMINAL PROCEDURE, 1973 AND THE BHARTIYA NAGARIK SURAKSHA SANHITA, 2023
AUTHORS – KAUSHIKI RAI1 AND DR. SALTANAT SHERWANI2
STUDENT1 AND ASSISTANT PROFESSOR2, AMITY UNIVERSITY, NOIDA
BEST CITATION – KAUSHIKI RAI & DR. SALTANAT SHERWANI, A COMPARATIVE ANALYSIS OF GENDER DISPARITY IN CRIMINAL PROCEDURE FRAMEWORKS: THE CODE OF CRIMINAL PROCEDURE, 1973 AND THE BHARTIYA NAGARIK SURAKSHA SANHITA, 2023, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 25-32, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
This paper delves into the persisting or evolving nature of gender disparity within the criminal justice system of India, specifically comparing the frameworks laid out in the Code of Criminal Procedure, 1973 (CrPC) and its recently introduced successor, the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS). The analysis emphasizes the vulnerabilities faced by women in various stages of the criminal process, including arrest procedures, safeguards during custody, and access to justice. By examining both continuities and potential advancements introduced in the BNSS regarding gender equality, the paper aims to evaluate the effectiveness of these provisions in mitigating gender bias and promoting a fair and equitable criminal process for all.
Keywords: Gender Disparity, Criminal Procedure, Code of Criminal Procedure (CrPC), Bhartiya Nagarik Suraksha Sanhita (BNSS), Arrest Procedures, Custodial Safeguards, Access to Justice, Gender Equality