Author(s): Rudransh Sharma

Abstract: The Indian criminal justice system has long been marred by procedural inefficiencies, chronic delays, and limited access to timely justice. The enactment of the “Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)” marks a significant legislative intervention aimed at addressing these structural deficiencies. This research critically examines whether the reforms introduced under the “BNSS” can effectively uphold the constitutional guarantee of speedy justice enshrined in “Article 21 of the Indian Constitution”. Drawing on doctrinal analysis, judicial pronouncements, and comparative legal frameworks, the paper explores the normative and operational dimensions of the “BNSS”. Key innovations include time-bound procedures for investigation and trial, integration of digital tools such as video conferencing and electronic summons, streamlined bail processes, and enhanced victim participation. While these reforms align with constitutional mandates and global best practices, the study underscores that their success hinges on addressing systemic constraints judicial vacancies, investigative inefficiencies, digital divides, and weak legal aid infrastructure. By evaluating both the promise and pitfalls of the “BNSS”, the paper argues that while the legislation represents a necessary and progressive step, it must be accompanied by robust institutional support, capacity building, and enforceable accountability mechanisms. Only then can the vision of a citizen-centric and efficient criminal justice system become a tangible reality.

DOI: 10.22271/civillaw.2025.v5.i1b.132

Pages: 150-156 | Views: 55 | Downloads: 23

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