Open Access Research Article

CONSTITUTIONAL SAFEGUARDS AND RIGHT TO A FAIR TRIAL UNDER THE BNSS, 2023

Author(s):
T. PAVITHRA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
Download PDF Open PDF Citation Search Scholar

Abstract

The enactment of the BNSS, 2023, replacing the Code of Criminal Procedure, 1973, represents an overhaul of India’s procedural criminal jurisprudence. Central to this legislative shift is the tension between modernizing procedural efficacy and safeguarding fundamental constitutional guarantees—specifically the right to personal liberty, due process, and a fair trial under Articles 20, 21, and 22 of the Constitution of India. This paper critically evaluates the constitutional safeguards embedded within the BNSS against standard fair-trial doctrines. On one hand, the Sanhita strengthens fair-trial rights by introducing strict, time-bound procedural mandates for investigation, charge framing, and judgment delivery; statutorily codifying electronic summons and digital evidence frameworks; institutionalizing preliminary inquiry safeguards under Section 173(3); and rationalizing undertrial relief under Section 479. Conversely, several critical provisions pose constitutional challenges: the expansion of police remand in staggered intervals across a 40-to-60-day window under Section 187 raises concerns regarding custodial violence, self-incrimination, and prolonged deprivation of liberty; the allowance of trials in absentia for proclaimed offenders under Section 356 challenges the principle of natural justice (audi alteram partem) and the accused’s right to be defended in their presence; and broadened provisions regarding physical restraints re-examine established judicial human-rights norms. Employing a doctrinal and comparative methodology, this study examines whether the BNSS satisfies the threshold of "just, fair, and reasonable" procedure established in Maneka Gandhi case. The paper concludes with judicial and statutory remedies to balance investigative state power with accused protections, ensuring procedural modernization does not erode constitutional due process.

Published Paper

PDF Preview
Download Open

Author Details

Authors: T. PAVITHRARegistration ID: 1013412 | Published Paper ID: IJLRA13412Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1857-1868

Article Information

CONSTITUTIONAL SAFEGUARDS AND RIGHT TO A FAIR TRIAL UNDER THE BNSS, 2023

Authors: T. PAVITHRA

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.

Creative Commons

Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.

Current Issue

Ethics and Policy

For Authors