“PROTECTION OF HUMAN RIGHTS OF THE ACCUSED UNDER THE BHARATIYA NYAYA SANHITA AND BHARATIYA SAKSHYA ADHINIYAM, 2023: A CRITICAL ANALYSIS”

AUTHORS – PRANJUL TRIPATHI* & DR. SHAIWALINI SINGH**

* LL.M (CRIMINAL LAW), AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW, AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – PRANJUL TRIPATHI & DR. SHAIWALINI SINGH “PROTECTION OF HUMAN RIGHTS OF THE ACCUSED UNDER THE BHARATIYA NYAYA SANHITA AND BHARATIYA SAKSHYA ADHINIYAM, 2023: A CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 748-756, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The protection of human rights of the accused is a fundamental principle of criminal justice and an essential component of a fair trial in any democratic legal system. In India, the enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) represents a significant transformation in the country’s criminal law framework, replacing the Indian Penal Code, 1860 and the Indian Evidence Act, 1872. These new legislations aim to modernize criminal justice administration, enhance efficiency, and strengthen procedural fairness. However, their implications for the protection of the human rights of accused persons remain a subject of critical legal debate.

This research paper critically analyzes the extent to which the Bharatiya Nyaya Sanhita and the Bharatiya Sakshya Adhiniyam safeguard the fundamental rights of the accused during investigation, arrest, trial, and evidence evaluation. It examines whether the newly introduced provisions maintain a balance between effective law enforcement and the constitutional guarantees of liberty, dignity, and fair trial under Articles 20, 21, and 22 of the Constitution of India. The study also evaluates concerns regarding potential misuse of certain provisions, expanded police powers, admissibility of electronic evidence, and the presumption of innocence.

Through doctrinal and analytical methods, the paper reviews statutory provisions, judicial interpretations, and human rights principles to assess whether the new criminal laws adequately uphold the rights of accused persons. The study concludes that while the reforms aim to improve criminal justice delivery, careful judicial scrutiny and procedural safeguards are necessary to ensure that the rights of the accused are not compromised in the pursuit of efficiency and national security.

Keywords: Human Rights, Accused Person, Bharatiya Nyaya Sanhita 2023, Bharatiya Sakshya Adhiniyam 2023, Fair Trial.