A Report on

 

Shodh Charcha Law Lecture Series –Ep 12

 

 

 

 

 “A comparative study between Cr.P.C and Bharatiya Nagarik Suraksha Sanhita on procedure of Arrest- Part 4”

 

17^th 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-12: The objective of the Shodh Charcha Law Lecture Series-Ep-12 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.

 

On August 17, 2024, the 12th episode of the Shodh Charcha Law Lecture Series featured a detailed presentation by Sh. Gaurav Mahindra, Founder of Mahindra Law Academy. The session focused on a comparative study between the Indian Criminal Procedure Code (Cr.P.C.) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), specifically examining the procedures for arrest.

Sh. Mahindra began by outlining the fundamental aspects of both legal frameworks. The Cr.P.C, established in 1973, provides a comprehensive structure for criminal justice in India, detailing the processes for arrest under sections such as 41, 46, and 50. These sections cover various scenarios for arrest, including warrantless arrests and the rights of the arrested individual, such as being informed of their right to bail. In contrast, BNSS, a proposed legislative update, seeks to streamline and modernise these procedures. It retains the provision for warrantless arrests but introduces clearer guidelines to prevent misuse and enhances protections for the accused, including immediate access to legal representation.

The lecture highlighted key differences between the two systems. BNSS aims to reduce bureaucratic delays and ambiguities found in the Cr.P.C. promising a more efficient criminal justice process. Additionally, BNSS places a stronger emphasis on aligning with international human rights standards, thereby improving the rights and protections afforded to individuals under arrest. However, the transition to BNSS faces challenges, including potential resistance to change and the need for extensive training for law enforcement.

Sh. Mahindra concluded by discussing the potential impact of BNSS on legal practice, noting how it could affect case preparation for defence attorneys and the conduct of arrests by law enforcement. Overall, the lecture provided valuable insights into the proposed reforms and their implications for India's criminal justice system.