From Complaint To Custody: A Socio-Legal Study Of Police Jargon, Remand Abuse, Judicial Safeguards In India
- IJLLR Journal
- Jul 7
- 2 min read
Updated: Jul 8
Javeriya Khatoon, Aligarh Muslim University
Shwana Rayees, Aligarh Muslim University
ABSTRACT
This paper examines the advancing landscape of a First Information Report within India’s Criminal Justice system, with the introduction of the Bhartiya Nagarik Suraksha Sanhita (BNSS). Despite constitutional safeguards and procedural protections, the average citizen remains unfamiliar with terms like cognizable offence, non-bailable offence, inquiry, investigation, warrant, police custody, and judicial remand-terminology that directly impacts their rights and interactions with law enforcement institutions. This work seeks to bridge the gap between law enforcement agencies and the general public. The research questions whether the updated nomenclature effectively simplifies the process for the common man or merely pours "old wine into new bottles."
The study begins by deconstructing the FIR and highlights how, for decades, the use of colonial-era jargon and linguistic difficulties, such as the usage of Urdu and Persian terminology in various Indian states, has created a "knowledge deficit" among informants. The paper examines how this language barrier allows for the manipulation of statements and deters the reporting of crimes. According to section 173 of the BNSS, FIRs submitted through electronic mode, such as email, or mobile platforms are legitimate.
Moreover, the paper scrutinizes the "Remand" phase a stage where the loss of personal liberty is most severe. It analyses the distinction between court and police detention and explores how "Police-speak" distances the informant from their own statement. It aims to fill up the gaps in consideration of fundamental issue of safeguarding of Article 21 and 22 of the Indian constitution.
This paper includes analysis of Judicial pronouncements, particularly those of Hon’ble Supreme Court of India, along with public opinions and perceptions, have played a transformative role in shaping criminal jurisprudence in India. The paper concludes by suggesting measures for promoting legal literacy and empowering citizens to understand their rights.
Keywords: First Information Report, Remand, Criminal Justice System, BNSS, Police Jargon.
