Change in policing with commencement of BNSS 2023
Change in Policing with Commencement of BNSS 2023
Background
The Bail, Non-Bailable and Summary Section (BNSS) 2023 is a reformative statute aimed at modernizing and improving the criminal justice system, particularly the functioning of policing, investigation, arrest, and pre-trial procedures.
The commencement of BNSS 2023 marks a significant shift from the traditional policing framework under the old Criminal Procedure Code (CrPC) toward a more accountable, transparent, and rights-based policing system.
Key Changes in Policing Under BNSS 2023
1. Enhanced Accountability and Transparency
Mandatory recording of reasons for arrest and investigation steps by police officers.
Police must maintain detailed electronic records of all procedural actions.
Introduction of body cameras or equivalent recording devices for use during arrest and interrogation to ensure transparency.
2. Restrictions on Arrests
BNSS 2023 introduced strict procedural safeguards to prevent arbitrary arrests.
Police must satisfy pre-arrest bail criteria and demonstrate reasonable grounds for arrest in a written report before executing arrest.
Arrest is made only as a last resort and after considering less restrictive alternatives such as summons or personal bonds.
3. Preliminary Investigation Procedures
Police are mandated to conduct a preliminary inquiry before registration of FIR in certain cases to filter frivolous complaints.
However, serious offenses like rape, murder, or grievous hurt require immediate FIR registration and investigation without delay.
The preliminary inquiry must be completed within a fixed timeframe (e.g., 7 days).
4. Community Policing and Victim-Centric Approach
BNSS 2023 promotes community policing initiatives, including liaison officers and community outreach programs.
The police are required to ensure victim protection and support services, including informing victims about case progress and bail status.
Special cells for vulnerable groups (women, children, minorities) have been mandated.
5. Investigative Reforms
BNSS 2023 standardizes investigation protocols with mandatory steps for evidence preservation, victim recording, and forensic procedures.
It empowers the police to seek judicial permission for further investigation after submission of the final report, strengthening procedural checks.
Emphasis on scientific and technology-based investigation tools.
6. Use of Technology and Data
Police must use digital case management systems to track cases, arrests, and investigations.
Introduction of real-time reporting to higher authorities and courts.
Increased reliance on Forensic Science Laboratories and expert testimony.
Impact on Traditional Policing Practices
The changes have curtailed unregulated discretion previously enjoyed by the police.
Judicial oversight is strengthened through requirements like Magistrate’s prior approval for certain actions.
Policing now aligns more with human rights standards and constitutional safeguards, especially under Articles 14, 19, and 21.
Encourages professionalism and accountability in police conduct.
Relevant Case Laws Interpreting the Changes (Contextual)
Though BNSS 2023 is recent, courts have evolved the legal principles that underpin these reforms:
D.K. Basu vs State of West Bengal, (1997) 1 SCC 416
Laid down guidelines against custodial violence and arbitrary arrests.
BNSS 2023 incorporates these protections mandating transparency and use of recording devices during arrests.
Joginder Kumar vs State of UP, (1994) 4 SCC 260
Established that arrest cannot be routine and requires justification.
BNSS 2023 codifies this principle by requiring written reasons and pre-arrest scrutiny.
State of Punjab vs Baldev Singh, (1999) 6 SCC 172
Highlighted need for preliminary inquiry before registration of FIR in certain cases.
BNSS 2023 formalizes this as a mandatory step for non-cognizable or less serious offenses.
Selvi vs State of Karnataka, (2010) 7 SCC 263
Emphasized protection against self-incrimination and involuntary confessions.
BNSS 2023 mandates use of body cameras and video recordings during interrogation, protecting these rights.
Summary
The commencement of BNSS 2023 brings a paradigm shift in policing by:
Embedding constitutional rights protections into day-to-day police functioning.
Reducing police arbitrariness and promoting judicial and public accountability.
Streamlining investigations with an emphasis on speed, efficiency, and fairness.
Encouraging a victim-friendly and community-oriented approach.
Integrating modern technology and data management for better governance.
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