COMPARATIVE ANALYSIS OF HANDCUFFING REGULATION: FROM CRPC TO BNSS- A SHIFT TOWARDS HUMAN RIGHTS COMPLIANCE

In 2023, the Parliament replaced the long-standing colonial Laws, IPC, CrPC, and IEA, with three new Criminal Laws. Since that time, it has generated discussions and conversations within the legal field about the backwards and unclear laws. The Government contends that the new criminal laws help in enhancing and streamlining the justice system by replacing the old colonial laws. The Government aims to reform the judiciary by bringing in new enactments, citing changes such as Addressing Emerging or Unforeseen Crimes, Modernising and Streamlining the Criminal Justice System, Protecting Vulnerable Groups, Ensuring National Security, etc. While the experts, such as legal practitioners, journalists, and minority group leaders, believe that the new criminal laws are authoritative and give undue power to the state while infringing upon the rights of minorities and weaker sections of society. The study, through various case laws, research papers, journals, and other secondary sources, shall establish the validity and viability of new criminal laws. The study aims to mediate and decide on an equitable and possible approach that could be adopted, balancing national security and human rights to create a just and honourable society. The objective of the study is to find a middle ground between the absolute powers of the state and issues of human rights as incorporated in international conventions.