BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS),2023 PROCEDURES AND ANALYSIS OF CONSTITUTIONAL RIGHTS

AUTHOR – SOHAIR AHMED SHAIKH, STUDENT AT SHREE L.R. TIWARI COLLEGE OF LAW (AFFILIATED TO MUMBAI UNIVERSITY)

BEST CITATION – SOHAIR AHMED SHAIKH, BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS),2023 PROCEDURES AND ANALYSIS OF CONSTITUTIONAL RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 786-790, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT: –

The “Bharatiya Nagarik Suraksha Sanhita (BNSS) ,2023” replaces the “Code of Criminal Procedure, (CrPC) 1973”. The plan’s stated goals include ensuring the timely consideration of cases, digitalizing legal proceedings, and improving the human rights’ protection. The study implies a comprehensive, multi-tiered analytical approach to compare the BNSS with its predecessor across several core dimensions of the criminal justice process. Primary areas of investigation encompass arrest procedures and safeguards against arbitrary detention, utilization of digital technology in criminal proceedings, time-bound trial mechanisms, forensic evidence collection protocols, and victim protection measures. The study looks at whether the BNSS respects constitutional values such as natural justice, proportionality and rule of law, or whether its procedures innovations risk interrupting and infringing fundamental rights. By assessing the law’s wording, intent, and practicality, this study seeks to establish whether BNSS would fulfil the constitutional promise of liberty and fairness in a modern democracy by enhancing access to justice. This research examines the constitutional ramifications of BNSS to determine if its provisions are compatible with Part III of the Constitution, particularly Articles 14, 19, 20, 21, and 22.

KEYWORDS: –Criminal Procedure Reform, Constitutional Rights, Comparative Legal Analysis, Judicial Accountability, Police Discretion, Legal Modernization, Access to Justice, Colonial Legacy in Law.