The Punjab & Haryana High Court’s first order on the Bharatiya Nagarik Suraksha Sanhita (BNSS) highlighted several key changes and implications brought by the new legislation, which replaces the Code of Criminal Procedure (CrPC). Here are the main points addressed by the court:
- Expanded Police Powers:
- The BNSS expands the powers of the police, including provisions for arrests, detention, search, and seizure. The court noted concerns about potential misuse of these powers and stressed the need for safeguards to prevent excessive use of force, illegal detentions, and custodial torture oai_citation:1,The Bharatiya Nagarik Suraksha Sanhita, 2023 oai_citation:2,The Law Advice – Articles – Salient features of The Bharatiya Nagarik Suraksha Sanhita, 2023.
- Detention and Custody Procedures:
- The BNSS modifies the procedure for police custody, allowing for police custody to be authorized in whole or parts during the initial 40 or 60 days out of the total 60 or 90 days period. This change could lead to bail being denied during this period if the police argue for the necessity of further custody. The court emphasized that these modifications must be carefully monitored to avoid misuse oai_citation:3,The Bharatiya Nagarik Suraksha Sanhita, 2023.
- Use of Handcuffs:
- The new provisions allow the use of handcuffs during arrests for certain serious offenses, such as rape, organized crime, and economic offenses. The court pointed out that this provision could infringe on personal liberty and contradicts Supreme Court guidelines, which require judicial consent for the use of handcuffs oai_citation:4,The Law Advice – Articles – Salient features of The Bharatiya Nagarik Suraksha Sanhita, 2023.
- Timelines for Procedures:
- The BNSS establishes specific timelines for various procedures, such as delivering medical examination results within seven days and informing victims of investigation progress within 90 days. The court appreciated these timelines as they could expedite judicial processes and enhance transparency oai_citation:5,The Bharatiya Nagarik Suraksha Sanhita, 2023.
- Zero FIR and Electronic Processes:
- The BNSS introduces the concept of Zero FIR, allowing complaints to be filed from anywhere and then transferred to the appropriate jurisdiction. It also emphasizes the use of electronic means for trials, recording depositions, and issuing summons and warrants, which the court noted could improve efficiency and accessibility oai_citation:6,The Law Advice – Articles – Salient features of The Bharatiya Nagarik Suraksha Sanhita, 2023.
Overall, the Punjab & Haryana High Court acknowledged the potential benefits of the BNSS in streamlining criminal procedures but also highlighted the need for strict oversight to prevent abuse of the expanded powers granted to the police. The court’s observations aim to ensure that the new provisions are implemented in a manner that upholds justice and protects individual rights.