The Hidden Faces Of Custody: Analyzing Structural Bias Against Minorities Under CRPC And BNSS

Abirami R, Gujarat National Law University, Gandhinagar

Siya Mathur, Gujarat National Law University, Gandhinagar

ABSTRACT

The aim behind this research paper is to investigate prisoner’s rights in police custody, and the procedures that govern them, under the Indian Code of Criminal Procedure (addressed as CrPC henceforth), and the newly proposed Bhartiya Nagrik Suraksha Sanhita Bill, 2023, henceforth referred to as BNSS for convenience.

The paper uses and analyses available statistical data of caste, gender and religious intersectionality in India, to deconstruct the systemic bias against minorities of the above mentioned categories within the Indian criminal justice system. Additionally, through a comparison of BNSS and CrPC, this paper attempts to shed light on the provisions and frameworks of both that may enable perpetuating these biases.

Further, case-studies and real life examples are discussed, to highlight the lived experiences of individuals against whom these biases are levered, and to probe into the role of political influences in police custodial practices.

Additionally, this paper discusses the apparent shortcomings in both CrPC and BNSS, and seeks to provide solutions to these issues, while simultaneously emphasizing on the need for comprehensive legal reforms in order to uphold minority rights and ensure equitable treatment in police custody.

Keywords: Bias in judiciary, police custody procedures, prisoners’ rights, minority incarceration, caste bias in criminal justice.