• Salahuddin Ayubi

Abstract The Bharatiya Nyaya Sanhita (2023) introduces significant structural reforms to India’s criminal justice system, including expanded police powers of arrest aimed at strengthening national security, combating organised crime, terrorism, mob violence, and cyber-enabled offences. While these reforms embody the State’s duty to protect public order, they simultaneously raise constitutional concerns related to personal liberty, due process, and protection against arbitrary detention under Articles 14, 19, 21 and 22 of the Constitution of India. This paper conducts a constitutional and jurisprudential analysis of the new arrest provisions, comparing pre-existing mechanisms under the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC). It evaluates the compatibility of the BNS with Supreme Court precedents, international human rights norms, and principles of proportionality. The study argues that effective criminal justice reform must establish a calibrated balance between security imperatives and fundamental rights, supported by transparency, accountability, and institutional safeguards.

Bharatiya Nyaya Sanhita, arrest powers, national security, constitutional rights, Article 21, civil liberties, criminal justice reforms, due process, police discretion.

"Balancing National Security and Individual Liberties: A Constitutional Analysis of Expanded Arrest Powers under the Bhartiya Nyaya Sanhita (BNS)", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 12, page no.a511-a523, December-2025, Available :http://www.jetir.org/papers/JETIR2512069.pdf

"Balancing National Security and Individual Liberties: A Constitutional Analysis of Expanded Arrest Powers under the Bhartiya Nyaya Sanhita (BNS)", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 12, page no. ppa511-a523, December-2025, Available at : http://www.jetir.org/papers/JETIR2512069.pdf