Open Access Research Article
MAGISTRATE-DIRECTED INVESTIGATION AND JUDICIAL OVERSIGHT UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023: A CRITICAL ANALYSIS
Abstract
The power of a Magistrate
to direct police investigation is an essential component of the criminal
justice system. It provides a judicial remedy when the police fail to register
information relating to a cognizable offence or neglect their statutory duties.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on 1 July 2024, substantially retains the framework
of Section 156(3) of
the Code of Criminal Procedure, 1973, through Section 175(3), while introducing
additional procedural safeguards. These include an application supported by an
affidavit, consideration of the police officer’s submissions, and such inquiry
as the Magistrate considers necessary. Section 175(4) further addresses
complaints against public servants arising in the course of their official
duties.
This article critically examines the statutory framework governing
Magistrate-directed investigation, the scope of judicial oversight, relevant
judicial precedents, and the balance between effective investigation,
individual liberty, police autonomy, and accountability. It argues that
judicial scrutiny must be meaningful enough to prevent investigative inaction
and procedural abuse without transforming the Magistrate into an investigating authority. The article concludes
with suggestions for improving transparency, consistency, and
accountability in the exercise of these powers.
Published Paper
Author Details
Authors: MADHUMITHA.GRegistration ID: 1013506 | Published Paper ID: IJLRA13506Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
MAGISTRATE-DIRECTED INVESTIGATION AND JUDICIAL OVERSIGHT UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023: A CRITICAL ANALYSIS
Authors: MADHUMITHA.G
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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