Accountability of Police Under New Criminal Laws

New Delhi: The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduces several provisions aimed at enhancing the transparency and accountability of the police force. Key provisions include:

Section 37(b): This mandates that each district and police station must have a designated police officer, not below the rank of Assistant Sub-Inspector, responsible for maintaining and publicly displaying information about arrested individuals.

Section 82(2): When an arrest warrant is executed outside the district, the arresting officer must immediately inform both the designated police officer and the police officer of the district where the arrested person resides, detailing the arrest and the detainee’s location.

Section 105: Searches and seizures must be audio-video recorded. These recordings are to be promptly sent to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class. Section 185 further specifies that these recordings must be submitted within 48 hours.

Section 176(2): Police officers are required to submit a daily diary report to the Magistrate on a fortnightly basis.

Section 176(3): For offenses punishable with seven years or more, crime scenes must be video recorded.

Section 193: Police reports must include details of the custody sequence for electronic devices. Additionally, the police officer must update the informant or victim on the investigation’s progress within 90 days. Any further investigation post-charge sheet must be completed within 90 days, with extensions granted only by the Court.

These provisions were highlighted by the Minister of State for Home Affairs, Bandi Sanjay Kumar, in a written response to a question in the Lok Sabha.

Reported by PIB

Shruti Suman

[Shruti Suman] has a background in investigative journalism, with a career spanning over [4] years. As part of the Newsisland team, [she] are committed to exposing the truth and bringing to light the stories that matter most.

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