Challenge to BNSS Provisions on Judicial Officers in Prosecution Roles
Introduction A Public Interest Litigation (PIL) has been filed before the Supreme Court of India challenging provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 that permit sitting or retired judicial officers to hold leadership positions within the prosecution framework. The petition raises significant constitutional concerns relating to separation of powers, judicial independence, and prosecutorial autonomy. The case has implications for India’s criminal justice architecture and the balance among the three organs of the State.