Unrestrained Expansion of Police Authority Under the BNSS and Its Effect on Accountability: A Critique

Abstract

The Bharatiya Nagarik Suraksha Sanhita 2023 (hereinafter referred to as BNSS) introduced as part of the criminal law reforms in India, aims to modernize and consolidate laws governing public safety and police powers. While the intent behind such legislation is to address the changing dynamics of crime and security, concerns have been raised regarding the potential arbitrary expansion of police powers under this framework. The article wishes to critically examine the implications of such expansions, juxtaposing them against constitutional safeguards, human rights principles, and the democratic ethos of India. There are various provisions in the BNSS which challenge various constitutional safeguards, such as – right to dignity through handcuffing, right to speedy trial through preliminary inquiry, right to life and personal liberty through extension in police remand, presumption of innocence through the digital display of details of arrested persons, right to equality through cognizance of a complaint against a public servant, amongst others. The author aims to critically analyse the significant enhancement in the powers of the police officials. A balanced approach, emphasizing accountability, transparency, and adherence to human rights, is essential to ensure that the BNSS serves its intended purpose without compromising individual liberties. By addressing these concerns through robust legal and institutional frameworks, India can uphold its commitment to justice and the rule of law.