A Report on

 

 

 

 

 

 

 

Shodh Charcha Law Lecture Series –Ep 10

 

 

 

 

 

 

 

 

 “A comparative study between Cr.P.C and Bharatiya Nagarik Suraksha Sanhita on procedure of Arrest- Part 2”

 

 

 

 

 

 

 

 

3^rd August, 2024

 

 

 

 

 

 

 

 

Time: 02:30 PM to 03:30 PM

 

 

 

 

 

 

 

 

Organized by: Maharishi law School in coordination with IQAC

 

 

 

 

 

 

 

 

Objective of the Shodh Charcha Law Lecture Series—Ep 10: The objective of the Shodh Charcha Law Lecture Series-Ep10 was to provide an in-depth comparison between the procedures for arrest under the Indian Penal Code (Cr.P.C.) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) and to highlight the procedural variations and their implications on the arrest process.

 

Shodh Charcha 2.0 Law Lecture Series—Ep02 was held on 13th July, 2024. The session was organised by Maharishi Law School in coordination with IQAC. The session featured esteemed guest Sh. Gaurav Mahindra, Founder of Mahindra Law Academy, Prof. (Dr.) K.B. Asthana (Dean MLS), alongside faculty coordinator Saumya Shukla (Assistant Professor), Riya Koul (Assistant Professor), and student coordinator LB Kiran (LL.B. 2nd year). 

The session aimed to dissect and compare the procedural aspects of arrest under these two distinct legal frameworks. The Cr.P.C., established in 1973, provides a comprehensive legal structure governing the criminal justice system in India. It outlines detailed procedures for arrests, including those made with and without a warrant, and emphasises the role of police officers and judicial oversight. The BNSS, a more recent legislative development, seeks to modernise and streamline various legal procedures, including those related to arrest.

Sh. Mahindra began by providing a broad overview of both legal frameworks. He explained that while the Cr.P.C. has long been the cornerstone of criminal procedural law in India, the BNSS introduces new provisions intended to clarify and expedite the arrest process. The discussion delved into specific procedural differences, such as warrant requirements and the roles of law enforcement agencies under each system.

One of the key areas of focus was the procedural nuances involved in arrests. Under the Cr.P.C., the process involves detailed requirements for obtaining warrants, conducting arrests, and ensuring that individuals' rights are protected throughout the process. This framework includes judicial oversight and mandates comprehensive documentation to prevent misuse and safeguard against unlawful detention.

In contrast, the BNSS aims to simplify and modernise these procedures. It revises the warrant requirements and introduces new guidelines for arrests to enhance clarity and efficiency. Sh. Mahindra highlighted how these changes are designed to address some of the criticisms of the CRP, such as its complexity and potential for delays.

The lecture also explored the impact of these procedural differences on law enforcement practices. The Cr.P.C. has established practices that, while effective, can be seen as cumbersome and outdated in the context of modern legal and administrative demands. The BNSS, by contrast, seeks to streamline these processes, potentially leading to more efficient law enforcement and quicker judicial proceedings.

Furthermore, Sh. Mahindra discussed the implications of these procedural frameworks on the legal rights of individuals. Both the Cr.P.C. and BNSS incorporate safeguards to ensure that the rights of the accused are respected during arrest. However, the BNSS aims to provide clearer guidelines to prevent abuses and ensure adherence to human rights standards.

The session concluded with a discussion on potential reforms and improvements. Sh. Mahindra emphasised the importance of harmonising arrest procedures to balance efficiency with the protection of individual rights. He suggested that incorporating best practices from both frameworks could lead to a more robust and equitable arrest process.

Overall, Sh. Mahindra's lecture provided valuable insights into the comparative study of arrest procedures under the Cr.P.C. and BNSS. The session underscored the need for ongoing evaluation and potential reform to ensure that arrest procedures remain fair, effective, and aligned with contemporary legal standards.