Section 191 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 191 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the treatment of complainants and witnesses en route to court.
📜 Text of Section 191
Section 191: Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:
Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.
⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 191 of the BNSS is analogous to Section 171 of the Cr.P.C., which similarly prohibits unnecessary restraint or inconvenience to complainants and witnesses. Both sections emphasize the protection of individuals from undue coercion during legal proceedings.
🧭 Practical Implications
Protection of Rights: This provision safeguards the rights of complainants and witnesses by ensuring they are not subjected to unnecessary detention or coercion.
Conditional Detention: If a complainant or witness refuses to attend court or execute a bond, the police officer may detain them until they comply, ensuring the integrity of the legal process.
Consistency with Cr.P.C.: The alignment with the Cr.P.C. ensures a consistent approach to the treatment of individuals involved in legal proceedings across different jurisdictions.
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