A CRITICAL ANALYSIS OF THE CONCEPT OF PROCLAIMED OFFENDER UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023: BALANCING INDIVIDUAL RIGHTS AND THE STATE’S INTEREST IN CRIMINAL JUSTICE ADMINISTRATION

AUTHOR – V. BHAVYAA NACHIAR* & VAISHALI T**

* STUDENT AT THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

** ASSISTANT PROFESSOR AT THE TAMILNADU DR AMBEDKAR LAW UNIVERSITY

BEST CITATION – V. BHAVYAA NACHIAR & VAISHALI T, A CRITICAL ANALYSIS OF THE CONCEPT OF PROCLAIMED OFFENDER UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023: BALANCING INDIVIDUAL RIGHTS AND THE STATE’S INTEREST IN CRIMINAL JUSTICE ADMINISTRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 842-853, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC), marking a significant reform in India’s criminal justice system. One of the critical areas of change concerns the provisions relating to proclaimed offenders, aimed at addressing the challenge of absconding accused who evade trial and obstruct the administration of justice. While the BNSS retains much of the earlier framework under the CrPC, certain refinements raise important questions about their compatibility with constitutional safeguards and human rights.This research critically examines the concept and procedure of declaring a person as a proclaimed offender under the BNSS, 2023. It explores whether the new provisions successfully balance the State’s obligation to secure justice with the individual’s right to due process and fair trial under Articles 14, 19, and 21 of the Constitution of India. The study further investigates the potential for misuse of proclaimed offender provisions by law enforcement agencies, leading to harassment or deprivation of liberty without sufficient safeguards. Judicial interpretations from leading cases under the CrPC and their continued relevance under the BNSS are analyzed to assess the judiciary’s role in preventing abuse of power.

Employing a doctrinal and comparative methodology, this research also situates Indian law within the broader global framework by examining how proclaimed offender-like mechanisms operate in other jurisdictions such as the United Kingdom and the United States.The study concludes that while the proclaimed offender provisions under BNSS are intended to strengthen criminal justice administration, there remain gaps in terms of procedural safeguards, accountability, and proportionality. The paper suggests reforms to ensure a fair balance between the State’s interest in curbing absconding and the individual’s constitutional rights, thereby promoting a more just and equitable criminal justice framework.

KEYWORDS:Proclaimed Offender,Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS),Criminal Justice Administration,Constitutional Rights,Fair Trial.