PUCL urges amendment to new law for clarification on police custody limits

The People’s Union for Civil Liberties (PUCL) has called on the National Democratic Alliance (NDA) government to amend the recently implemented Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, urging clarification on the maximum period allowed for police custody.

This new law, which replaced the Code of Criminal Procedure (CrPC) 1973, came into effect on Monday. Concerns have been raised by legal and civil rights activists about potential ambiguities that could allow for extended police custody beyond the initial 15-day remand period, potentially stretching up to 60 or 90 days.

The controversy stems from differences between the old and new legislation. While the CrPC explicitly stated that detention beyond 15 days should not be in police custody, this specific phrasing is absent in the BNSS, leading to fears that police custody could be extended far longer than previously permitted.

PUCL has pointed out that the omission of this phrase from Section 187 of BNSS, which is otherwise nearly identical to Section 167 of CrPC, fundamentally changes the interpretation of police remand provisions.

Union Minister of Home Affairs Amit Shah recently addressed these concerns, affirming that the maximum period of police custody would remain 15 days, with potential extensions up to two months under certain conditions. However, PUCL believes that Shah's verbal assurance lacks the binding force of law and may not be sufficient to prevent varying interpretations by courts, police, and public prosecutors.

To address this, PUCL has proposed a formal amendment to Section 187 of BNSS. They argue that the legal clarity offered by a legislative amendment would prevent misinterpretation and ensure adherence to the intended limits on police custody.

PUCL emphasizes that extending police custody beyond 15 days undermines the rule of law and the criminal justice system, potentially leading to abuses such as physical torture and emotional coercion during extended detentions.

PUCL's concerns are grounded in the reality that the period during which an accused is in police custody is often when they face the most pressure from law enforcement, including extrajudicial measures to extract confessions or information. They stress that any ambiguity in the law could lead to serious violations of human rights and due process.

In their letter to Home Minister Amit Shah and Law and Justice Minister Arjun Meghwal, PUCL highlighted the necessity of legislative clarity to prevent any misinterpretation of police custody provisions. They pointed out that courts are likely to interpret the omission of specific language from the BNSS as a deliberate decision by Parliament, potentially expanding the permissible duration of police custody.

PUCL argue that the current wording of the BNSS leaves too much room for interpretation, which could lead to significant deviations from the principles of justice and human rights.