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ENSURING FAIR TRIAL (A Critical Analysis of the Scope and Limitations of Section 528 of the BNSS, 2023)

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Author: Dr. Jai Prakash Kushwah, Suraj Pratap Singh Kushwah

₹772.00

SKU: Book2301499C
ISBN: 9789374243800
Book Size: 5*8
No of Pages: 424
Paper Color: White Paper
Cover Lamination: Glossy
Language: English
Launch Date: 10 Feb, 2026
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This book offers a rigorous, practice-oriented, and authoritative analysis of fair trial as a cornerstone of the Indian criminal justice system, with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 placed at its core. Designed to serve both academic and professional audiences, the work systematically connects constitutional philosophy, legislative intent, and judicial application, making it a timely and indispensable reference in the post-BNSS legal landscape. Beginning with the conceptual and constitutional foundations of a fair trial, the book traces the doctrinal evolution from the CrPC, 1898 and 1973 to the transformative framework of the BNSS, 2023. It critically examines Articles 14, 20, 21, and 22 of the Constitution, emphasizing impartiality, judicial independence, and procedural fairness as non-negotiable elements of criminal adjudication. The legislative rationale and reformative objectives behind the BNSS are then analyzed to highlight how Section 528 functions as a corrective mechanism against bias, abuse of process, and erosion of public confidence in justice delivery. Through detailed chapterization, the book explores the scope, procedure, and judicial mechanics of transfer of cases, judicial review, and quashing of proceedings. Landmark Supreme Court and High Court judgments—ranging from Maneka Sanjay Gandhi and Best Bakery to recent post-2023 decisions—are critically assessed to extract governing principles and evolving judicial trends. Special attention is given to the limits of judicial intervention, inherent powers, and the fine balance between efficiency and fairness. The concluding chapters adopt a reformative lens, identifying gaps, inconsistencies, and misuse of discretionary powers, while proposing concrete, actionable recommendations such as uniform guidelines, time-bound disposal, victim empowerment, and technological integration. Overall, this book stands as a definitive guide for judges, advocates, academicians, and researchers seeking to understand, apply, and refine Section 528 BNSS in the pursuit of genuine fair trial justice.

SKU Book2301499C
ISBN 9789374243800
Dimensions 5*8
Total Page 424
Paper Color White Paper
Cover Laminations Glossy
Language English
Publish Date 10 Feb, 2026

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