Balancing Act: Navigating Police Discretion And Accountability Under The BNSS
- IJLLR Journal
- Feb 27
- 1 min read
Megha Dhawan, Jindal Global Law School, OP Jindal Global University
ABSTRACT
This paper examines the paradox within the Bharatiya Nagarik Suraksha Sanhita (BNSS), that, on one hand, the BNSS monitors police actions at every stage, showing that the law doesn’t fully trust the police. On the other hand, it also grants significant discretionary powers to the police, leaving room for misuse of authority in the procedural law. The paper analyses key stages of police involvement, from the registration of FIRs to the investigation process, to highlight how these gaps can be exploited. It begins by examining how Section 173 mandates the registration of an FIR while also introducing a provision for preliminary inquiry, giving police discretionary power. It then discusses the police’s power to investigate under Sections 175 and 176, as well as their authority to record witness statements under Sections 180. Finally, the paper explores the magistrate’s enhanced role in overseeing investigations to ensure police accountability, and to understand the evolving balance between police authority and judicial control, which makes our criminal procedural law lean towards the due process model.
