The Refurbished Procedure: A Sneak into the Future

Authors

  • Mandeep K. Prosad
  • Jhanak Dubey

Keywords:

Legislature, Executive and Judiciary, Bharatiya Nagrik Suraksha Sanhita, justice, criminal law jurisprudence

Abstract

The aim of this research paper is to discuss the antecedents and descendants of the evolution of Criminal Procedure in India, where we understand the major changes brought in by the Bharatiya Nagrik Suraksha Sanhita, 2023. The authors have also undertaken a study on how deliberations, discussions, successive judgments and reports have carefully impregnated life into a document that aims to keep in motion, the wheels of justice. A conscientious reading of all accessed documents have also put forth the idea that the essence of rehabilitation has been kept in mind. Careful introspection, however, also brings to the fore, some very retributive changes, like the clause on handcuffing, that had been severely restrained earlier in multiple Supreme Court Judgements. This paper, therefore, puts forward the writer's view of how the Legislature, Executive and Judiciary have joined hands to meticulously prepare the background for implementation of criminal law jurisprudence in India.

References

The V.S. Malimath Committee, 2003

Satvinder Kaur vs State (Govt. Of N.C.T. Of Delhi) And Anr on 5 October, 1999 AIR 1999 SUPREME COURT 3596

https://spuwac.in/pdf/jsvermacommittereport.pdf

Lalita Kumari v. Govt. of UP and Ors., on the 12th November, 2013, (2013 (13) SCALE 559

Editor, Key Highlights of the three new criminal laws introduced in 2023, SCC Online. https://www.scconline.com/blog/post/2023/12/31/key-highlights-of-the-three-new-criminal-laws-introduced-in-2023/ (Visited on March 17, 2024).

https://spuwac.in/pdf/jsvermacommittereport.pdf

Section 173(3)(i) of the Bharatiya Nagrik Surkasha Sanhita, 2023

Lalita Kumari v. Govt. of UP and Ors., on the 12th November, 2013, (2013 (13) SCALE 559

Para 111 of the Judgement

Smt. Nilabati Behera Alias Lalit Behera ... vs State Of Orissa And Ors on 24 March, 1993 1993 AIR 1960

https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022080878-1.pdf

https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081087.pdf

The State of Maharashtra vs Dr. Praful B. Desai on 1 April, 2003 AIR 2003 SUPREME COURT 2053

Published

2025-04-14

How to Cite

K. Prosad, M. ., & Dubey, J. . (2025). The Refurbished Procedure: A Sneak into the Future. National Journal of Criminal Law, 8(2), 32–36. Retrieved from https://lawjournals.celnet.in/index.php/njcl/article/view/1797