Navigating justice: Assessing India's criminal procedure reforms through the lens of wrongful convictions

In light of the ongoing wrongful convictions in the Indian criminal justice system, this paper critically analyses the Bharatiya Nagarik Suraksha Sanhita, 2023. Although BNSS seeks to modernize criminal procedure, careful consideration must be given to its possible effects on preventing miscarriages of justice.In order to demonstrate the fundamental connection between criminal procedure and such injustices, the paper first develops a conceptual framework for wrongful convictions and procedural failures in India. After that, it pinpoints structural reasons, emphasizing systemic shortcomings in the investigation process, and faults in the prosecution and evidence, and court restrictions that compromise due process. The article then examines the main procedural changes and legislative aim of Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizing its significant departures from the Criminal Procedure Code, 1973. The impact of additional rules pertaining to arrest, imprisonment, remand, trial-stage protections, and evidentiary concerns on safeguards against wrongful convictions is then critically assessed.The main contention is that whereas BNSS encourages procedural modernization, it mainly ignores the underlying reasons of wrongful convictions. This study offers a thorough evaluation of the reform framework's shortcomings in terms of attaining substantive justice. The conclusion highlights the need for a paradigm shift in criminal procedural reform and promotes modifications intended to stop erroneous convictions. By providing a targeted, wrongful conviction-centric analysis of the BNSS, 2023, this study adds to the current law reform discussions by highlighting areas where additional interventions are essential for maintaining equity and justice.