Failure to meet its stated objectives: a critical analysis of the Bharatiya Nagarik Suraksha Sanhita 2023

This legislative note critically examines whether the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) achieves its stated objectives. The two objectives identified by analysing the Statement of Objects and Reasons are: (i) reducing delays in the criminal justice system; and (ii) making criminal procedure citizen-centric. This note argues that the BNSS fails on both fronts. First, it argues that the BNSS is incapable of reducing delays, as delays stem primarily from structural, systemic and infrastructural deficiencies within the police, prosecution and judiciary. Even the changes introduced, like limiting adjournments, incorporating technology and imposing procedural timelines, will remain ineffective unless these underlying issues are addressed. Second, the note contends that the BNSS does not make criminal procedure citizen-centric, as it fails to enhance the rights of key stakeholders. Instead, the BNSS weakens protections for the accused and makes it more difficult for victims from marginalized backgrounds to initiate the criminal justice process.