India’s criminal justice system has recently undergone a transformation with the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the colonial-era Code of Criminal Procedure (CrPC). This new code prioritizes the rights and protections of arrested individuals, aiming to make the justice process more humane, transparent, and accountable. Here’s an in-depth look at the rights of arrested persons under this updated law and why these changes are significant.
- Right to Be Informed of the Grounds of Arrest
BNSS Provisions: Under the new BNSS, individuals have the right to be informed immediately of the reasons for their arrest in a language they understand. Authorities must also provide this information in writing.
Why It Matters: Being informed of the reasons for an arrest helps individuals understand the charges or suspicions against them, forming a cornerstone of a fair legal process.
2. RIGHT TO CONTACT A LAWYER
Updated BNSS Provision: BNSS mandates that authorities inform the arrested person of their right to legal representation as soon as possible. This includes allowing individuals to contact a lawyer or seek legal aid if they cannot afford one.
Why It Matters: Quick access to legal counsel ensures that the individual can exercise their rights from the beginning, receive necessary legal guidance, and avoid unlawful detention practices.
- Right to Inform Family or a Friend
New BNSS Mandate: The 2023 law makes it mandatory for law enforcement to notify a friend or family member about the person’s arrest and the location of detention. Additionally, the individual is given the right to make a phone call to inform someone they trust.
Why It Matters: By allowing the arrested person to contact someone outside, BNSS ensures that the individual has support, can arrange legal help, and makes the process more transparent, reducing risks of unlawful detention or abuse.
- Right to a Medical Examination
BNSS Revisions: BNSS requires that a medical examination of the arrested person be conducted soon after detention. In cases where the detention exceeds 48 hours, additional examinations are mandated to prevent custodial abuse.
Why It Matters: Routine medical examinations help monitor the well-being of individuals in custody and serve as a safeguard against mistreatment, torture, or neglect while in detention.
- Protection Against Custodial Violence
Strengthened Measures in BNSS: BNSS has introduced stricter penalties for custodial violence and mandates CCTV surveillance in police stations and detention areas. This protects detainees from abuse and provides evidence in cases of misconduct.
Why It Matters: Custodial violence is a severe violation of human rights, and these strengthened protections help deter law enforcement from using unlawful force, ensuring that custody is safe and humane.
- Right to Timely Production Before a Magistrate
BNSS Confirmation: BNSS retains the requirement that an individual must be presented before a magistrate within 24 hours of their arrest, with allowances for video conferencing where necessary.
Why It Matters: This provision prevents arbitrary detention, ensuring a speedy judicial review and providing an opportunity to seek bail or contest the grounds of arrest.
- Right to Bail in Bailable Offenses
BNSS Simplification: The new code makes it easier for individuals arrested for bailable offenses to secure bail. Police officers are instructed to promptly inform the individual of their right to bail and assist with paperwork if necessary.
Why It Matters: This provision helps to reduce unnecessary pre-trial detention, especially for minor offenses, ensuring that those not deemed dangerous to society can retain their liberty until trial.
- Right to Speedy Trial
BNSS Focus: The BNSS highlights the right to a speedy trial, with directions to courts to prioritize cases involving detained individuals. This measure is part of the government’s push to reduce prolonged detention periods without trial.
Why It Matters: A speedy trial not only benefits the accused but also strengthens the justice system, ensuring that individuals aren’t subject to indefinite pre-trial detention.
- Right to Privacy of Digital Data
BNSS Safeguards: With the increase in digital evidence, BNSS mandates that police obtain judicial authorization before accessing an arrested individual’s personal digital devices. Unauthorized searches of digital devices are strictly prohibited.
Why It Matters: This protection ensures respect for privacy rights and prevents misuse of personal data, making arrests and investigations fairer and less intrusive.
- Protection for Women, Children, and Other Vulnerable Groups
BNSS Provisions: BNSS includes additional protections for women, minors, elderly individuals, and other vulnerable groups. Women can only be arrested by female officers, and additional safeguards are in place for minors and elderly detainees.
Why It Matters: These protections uphold the dignity of vulnerable individuals and prevent practices that might endanger their well-being or subject them to undue trauma.
Additional Provisions Under BNSS, 2023
Video Recording of Statements: BNSS mandates that statements from arrested individuals be video-recorded to prevent coercion and ensure accurate documentation.
Electronic Record-Keeping: Arrest and detention records must be digitally maintained, promoting transparency and allowing easy access for judicial review.
Mandatory Notification to Legal Aid Services: If the arrested individual is unable to afford private counsel, BNSS requires that legal aid services be immediately notified, ensuring legal representation.
Conclusion
The Bharatiya Nagarik Suraksha Sanhita, 2023 represents a much-needed modernization of India’s criminal procedure laws, bringing stronger protections for arrested persons while upholding the principle of justice for all. For citizens, understanding these rights is essential as it empowers them to advocate for fair treatment if they or someone they know faces arrest. With BNSS in effect, India takes a major step toward a more just, transparent, and human rights-centric approach to law enforcement and detention.
