Flaws in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – A Critical Study

The successful execution and overall impact of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), may face significant challenges due to various pressing issues. Among these are vague protocols surrounding private arrests, mixed terminology related to police custody, and unclear guidelines regarding community service as a penalty. Furthermore, the BNSS fails to provide clear directions for filing electronic FIRs, employing audio-visual techniques for witness examinations, and outlining the process for reimbursing witness costs. Concerns also arise from the absence of well-defined grounds for bail cancellation, inadequate enforcement of the Witness Protection Scheme, and procedural deficiencies in the collection of forensic evidence. Furthermore, the BNSS fails to address alternative dispute resolution methods and relies on insufficient resources, such as officers' personal mobile phones, for important tasks like video documentation during search and seizure operations. These flaws have the potential to undermine the intended objectives of the BNSS and pose significant operational challenges.