LIJDLR

POLICE POWERS OF ARREST UNDER THE BNSS: DISCRETION, ACCOUNTABILITY AND ADMINISTRATIVE CHALLENGES IN INDIA

Kang Cheoi Lama, LLM, Student at The West Bengal National University of Juridical Sciences (NUJS) (India)

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on 1 July 2024, replaces the Code of Criminal Procedure, 1973 (CrPC) and restructures the legal framework governing police powers of arrest. Building upon constitutional jurisprudence and landmark decisions such as D.K. Basu v. State of West Bengal and Arnesh Kumar v. State of Bihar, the BNSS seeks to balance police discretion with enhanced procedural accountability. This paper examines arrest powers under the BNSS, particularly arrest without warrant and the notice-to-appear mechanism, through three interrelated dimensions: (i) police discretion as an operational necessity; (ii) accountability through documentation, transparency, and judicial and supervisory oversight; and (iii) the administrative capacity of police institutions to implement these safeguards effectively. Using a doctrinal comparison of the CrPC and BNSS, supported by policing theories, Supreme Court jurisprudence, and empirical evidence from the Bureau of Police Research and Development’s Data on Police Organizations (2024), the study argues that the BNSS largely codifies existing judicial safeguards while strengthening institutional accountability through structured documentation and designated supervisory responsibilities. However, the effectiveness of these reforms depends on adequate staffing, training, infrastructure, and administrative support. Without sufficient institutional capacity, compliance risks becoming procedural rather than substantive. The paper concludes that meaningful implementation requires systematic auditing of arrest documentation, stronger supervisory scrutiny of the necessity requirement, effective access to legal assistance during interrogation, and state-specific operational standard operating procedures aligned with local policing capacities.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 2270–2303.
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