The Bharatiya Nagarik Suraksha Sanhita (BNSS), the newly minted replacement for India’s Code of Criminal Procedure (CrPC), has ignited a firestorm of debate and controversy. While touted as a modernization of the legal framework, critics argue that the BNSS poses a significant threat to fundamental rights, particularly the right to protection against prolonged police custody. This editorial delves into the contentious provisions of the BNSS and their potential implications for the Indian justice system.
Police Custody: A Double-Edged Sword
Under the CrPC, police custody—a period during which the police have physical control over an accused—was capped at 15 days. This safeguard aimed to prevent police excesses and protect the rights of undertrials. However, the BNSS has seemingly done away with this crucial limitation, raising concerns about potential abuse and violation of constitutional guarantees.
The Ominous Omission
Section 167 of the CrPC authorized custody up to a maximum of 60 or 90 days, depending on the severity of the offense. However, a proviso explicitly limited police custody to 15 days within that timeframe. The BNSS, while retaining the overall custody limits, conspicuously omits this proviso. This omission implies that magistrates can now authorize police custody for periods exceeding 15 days, potentially exposing accused individuals to prolonged detention and heightened vulnerability to coercion.
A Chilling Comparison
The BNSS’s provisions regarding police custody appear even more draconian when compared to the Unlawful Activities (Prevention) Act (UAPA), a law known for its stringent measures. The UAPA prescribes a maximum of 30 days for police custody and mandates that investigating officers provide detailed justification for seeking such detention. In contrast, the BNSS, a general criminal law statute, allows for police custody up to three times longer than the UAPA, without requiring equivalent safeguards.
Constitutional Concerns
The extended police custody provisions of the BNSS raise serious constitutional concerns. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which encompasses protection against torture and degrading treatment. Prolonged detention in police custody, without adequate oversight and safeguards, could undermine this fundamental right.
The Way Forward: A Call for Review and Reform
The BNSS represents a significant departure from the established norms of criminal procedure in India. While the intent behind the overhaul may have been to streamline the legal system, the potential for abuse and infringement of fundamental rights cannot be ignored. It is imperative for legal experts, policymakers, and civil society to engage in a thorough and critical review of the BNSS, particularly its provisions on police custody.
The government must consider reinstating the 15-day limit on police custody or implementing robust safeguards to prevent potential abuse. Striking a balance between effective law enforcement and the protection of individual liberties is crucial for upholding the integrity of the Indian justice system. The BNSS, in its current form, may have tipped the scales too far in favor of the state, jeopardizing the rights and freedoms of accused individuals.
Sunil Garnayak is an expert in Indian news with extensive knowledge of the nation’s political, social, and economic landscape and international relations. With years of experience in journalism, Sunil delivers in-depth analysis and accurate reporting that keeps readers informed about the latest developments in India. His commitment to factual accuracy and nuanced storytelling ensures that his articles provide valuable insights into the country’s most pressing issues.
