Police Power, Investigation and Criminal Procedure in India: A Critical Study on Human Rights, Custodial Violence, Delay in Trial, Role of Public Prosecutor and FIR under BNSS, 2023

The criminal justice system in India constitutes a vital mechanism for maintaining social order while safeguarding individual liberties. With the transition from the Code of Criminal Procedure, 1973 to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, India has undertaken significant procedural reforms aimed at modernizing investigation and trial processes. However, despite these legislative advancements, persistent challenges such as misuse of police powers, custodial violence, delays in trial, inefficiencies in investigation, and issues in the functioning of public prosecutors continue to undermine the system. This paper critically examines these structural and procedural deficiencies within the Indian criminal justice system. It evaluates constitutional safeguards, judicial interventions, and institutional practices, highlighting the gap between legal provisions and their implementation. The study further explores the role of the First Information Report (FIR) as a gateway to justice and the challenges associated with its registration. Through a comprehensive doctrinal and analytical approach, the paper argues that meaningful reform requires not only legal changes but also institutional accountability, technological integration, and a rights-based approach. Ultimately, the study emphasizes the need to create a balanced system that ensures both effective law enforcement and protection of human dignity.