This post analyses the changes and insertion of additional procedures pertaining to victims’ rights under the Bharatiya Nagarik Suraksha Sanhita Bill, 2023.
Criminal Process & Procedure
28 Articles
This post analyses the key changes proposed to the use of audio-video recording during investigation under the Bharatiya Nyaya Suraksha Sanhita Bill, 2023.
This post analyses the modifications in the scheme of issuing proclamations, and the implications of introducing the trial in absentia in the Bharatiya Nagarik Suraksha Sanhita
This post examines changes to procedures for the arrest and medical examination of an accused under the Bharatiya Nagarik Suraksha Sanhita.
In response to recent trial court proceedings in a case filed by the Delhi Police against members
of a news organisation under the Unlawful Activities Prevention Act, 1967 (UAPA), this piece
argues that an accused person has a right under Indian law to obtain a copy of the FIR
registered against her under S. 154 of the Code of Criminal Procedure, 1973 (CrPC). This right
is available at all stages of the criminal procedure, including prior to and during investigation.
Three bills were introduced in the Lok Sabha that sought to repeal and replace the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. This document is a substantive analysis of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Bill, 2023, which aim to assess major changes being proposed to criminal procedure and evidence as they exist in the Code of Criminal Procedure, 1973 (CrPC) and the Indian Evidence Act, 1872, respectively. In this substantive analysis of provisions, fourteen issues have been analysed in-depth. Other changes that do not receive a detailed assessment have been identified for the reader’s convenience. The document also contains a comparative table towards the end that captures the introduction or modification of timelines through the BNSS for different stages of the criminal procedure under the CrPC.
Click to explore : Research Brief Annotated Comparison Editorials & Interviews Research Brief Bharatiya Nyaya(Second) Sanhita Bill, 2023 & Bharatiya…
This article proposes that the Supreme Court’s judgement in Enforcement Directorate v. Kapil Wadhawan is a well-reasoned opinion that strengthens statutory bail, whose interpretive preferences are capable of being invoked to undermine the extinguishing regime.