Open Access Research Article
PRE-TRIAL LIBERTY AND THE PRESUMPTION OF INNOCENCE IN INDIA: A CRITICAL ANALYSIS OF ARREST, INVESTIGATIVE POWERS AND PRE-TRIAL DETENTION UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Abstract
The
presumption of innocence is one of the core values of criminal jurisprudence
under which a person accused of an offense is presumed to be innocent until
proved guilty according to law. But the use of powers of arrest, repeated
remands and long pre-trial detentions give rise to serious concerns about the
protection of personal liberty in India. With the coming into force of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in place of the Code of
Criminal Procedure, 1973, it is a crucial juncture to look at the relationship
between investigative authority and constitutional safeguards. This article
critically analyses the legal framework governing arrest, investigative powers,
remand and pre-trial detention under the BNSS with specific reference to
Article 14, 21 and 22 of the Constitution of India. It considers whether the
statutory protections and judicial review processes are adequate in an effort
to avoid unnecessary pre-conviction detention. The study also examines the
implications of Section 187 which governs remand and Section 479 which deals
with maximum period of detention of undertrial prisoners, in the larger context
of bail, speedy trial and access to justice. The article mentions significant
judicial decisions and constitutional principles. The gap between the formal
recognition of individual liberty and its actual protection in the criminal
process is evaluated. It says that the legitimacy of criminal investigation
should not only be measured by the effectiveness of law enforcement, but also
by the fairness and proportionality of the processes applied. To secure a
liberty-centric approach to criminal procedure, the article recommends reasoned
remand orders, stricter scrutiny of arrest, effective implementation of bail
safeguards, time-bound disposal of criminal cases and periodic review of
undertrial detention. It is established that the presumption of innocence
should act not only as a rule that regulates the determination of guilt, but
also as a principle that guides each stage of criminal proceedings before
conviction.
Published Paper
Author Details
Authors: VASUMATHI.VRegistration ID: 1013516 | Published Paper ID: IJLRA13516Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
PRE-TRIAL LIBERTY AND THE PRESUMPTION OF INNOCENCE IN INDIA: A CRITICAL ANALYSIS OF ARREST, INVESTIGATIVE POWERS AND PRE-TRIAL DETENTION UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Authors: VASUMATHI.V
- 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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