An Analysis Of Section 187(3) BNSS: Legal Ambiguities And Risk Of Custodial Abuse
- IJLLR Journal
- 1 hour ago
- 2 min read
Bavya Pressad, CHRIST (Deemed to be University), Bangalore
ABSTRACT
The three newly passed criminal laws have taken the spotlight position in India and have brought a huge shift in the legal landscape. The recent laws have several provisions that needs to be intricately researched. One such provision that needs a rethink is Section 187(3) of the Bharatiya Nagarik Suraksha Sanhitha (hereinafter, BNSS). It is contended that by omitting the phrase “otherwise than in police custody” in the said section, the duration of the police custody could extend potentially extending throughout the remand period which could contribute to the already existing police brutality in India. It also highlights the fact that poor legislative drafting could lead to misrepresentations which could essentially lead to consequences, one of them being police brutality in this particular case. This research paper aims to look at the relevance of Section 187(3) of BNSS. The first part of the article deals with how the new section could contribute a bane effect to society because of poor legislative drafting citing instances where such legislation created drawbacks in the society. The second part of the paper analyses the impact and consequences the new law can bring to the general public by giving importance to the aspect of police brutality and by citing numerous instances where custodial violence has been prevalent in India. Accordingly, it also examines and compares the former and latest section of the BNSS. It gives an insight about how the section could bring about a scapegoat effect, that can grow on the marginalized sections of society. The paper concludes by stating potential suggestions that can possibly lift the loopholes in the said law and eradicate custodial violence.
Keywords: Bhartiya Nagarik Suraksha Sanhitha, Police Brutality, Custodial Violence, Police Custody, Judicial Custody
