Bharatiya Nagarik Suraksha Sanhita 2023: Police Accountability

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Enhancing Police Transparency and Accountability

The provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 that have enhanced transparency and accountability of police are as under: –

(1) Section 37(b) of BNSS mandates that there will be one designated police officer in every district and at every police station, not below the rank of Assistant Sub-Inspector of Police responsible for maintaining and displaying information to the general public about details of persons arrested, etc.

(2) Section 82(2) of BNSS provides that in case of arrest under a warrant executed outside the district, the police officer making the arrest shall forthwith give information regarding such arrest and the place where the arrested person is being held to the designated police officer and to such police officer of another district where the arrested person normally resides.

(3) Section 105 of BNSS provides that search and seizure shall be audio-video recorded and the police officer shall send such audio-video recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of first class without delay. Section 185 of BNSS also provides that search shall be recorded through audio-video electronic means and copies of any such record shall be sent within 48 hours to the Magistrate empowered to take cognizance of the offence.

(4) Section 176(2) of BNSS requires the police officer to forward the daily diary report fortnightly to the Magistrate.

(5) Section 176(3) of BNSS mandates the video-recording of the crime scene in case of offences made punishable with seven years or more.

(6) Section 193 of BNSS mandates that a police report must also include details of the sequence of custody in case of electronic device. The Section also mandates that the police officer must inform the progress of the investigation to the informant or victim within 90 days of the investigation. This section further provides that after filing of charge sheet, if further investigation is required, it shall be completed within 90 days and any extension of time period beyond 90 days shall only be with the permission of the Court.