The Bharatiya Nagarik Suraksha Sanhita, 2023, introduces significant changes to the Criminal Procedure Code, 1973, particularly in the realm of police custody. This research paper delves into a critical analysis of Section 187 of the BNSS Act, focusing on its impact on the rights of the accused, especially in relation to Articles 20, 21, and 22 of the Indian Constitution.
Key areas of exploration include the constitutionality of Section 187(3), which omits the phrase "otherwise than in police custody," potentially leading to extended police detention beyond the 15-day limit. This paper examines the implications of considering the accused's bail status under Section 187(2), analyzing its potential impact on the principles of bail under the CrPC. Furthermore, the research scrutinizes the definition of custody under Section 187(5) BNSS, comparing it with the broader understanding of custody under the CrPC and judicial precedents.
By employing a doctrinal research methodology, this paper aims to shed light on the potential challenges posed by Section 187 of the BNSS Act to the rights of the accused and the principles of fair trial. It concludes by emphasizing the importance of striking a balance between the need for effective investigation and the protection of individual liberties, advocating for a cautious and nuanced interpretation of the provisions to safeguard the fundamental rights enshrined in the Constitution.
