Comparative Analysis of the Criminal Procedure Code, 1973, and the Bhartiya Nagarik Suraksha Sanhita, 2023

The evolution of India's criminal justice system has culminated in the enactment of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which supersedes the Code of Criminal Procedure (CrPC), 1973. This paper provides a comprehensive comparative analysis of these two legislative frameworks, highlighting the significant reforms introduced in the BNSS to address contemporary challenges in criminal jurisprudence. Key areas of transformation include incorporating technological advancements, enhanced procedural efficiency and strengthened safeguards for individual rights. For instance, the BNSS mandates the use of electronic communication for summons and introduces e-FIRs, reflecting a shift towards digital integration in legal processes. Additionally, the BNSS imposes stricter timelines for various stages of the trial process, aiming to expedite justice delivery. However, these reforms also raise concerns regarding the potential erosion of individual rights and constitutional safeguards. This analysis delves into specific provisions, such as the expanded powers of arrest and investigation granted to law enforcement agencies, and assesses their implications for the balance between state authority and personal liberties. By examining these developments, the paper offers insights into the effectiveness of the BNSS in promoting a more just and efficient criminal justice system in India.