BNSS: Police Stations Not Permitted for Audio-Visual Witness Examination, Clarifies Centre
The Union Ministry of Home Affairs has clarified that police stations cannot be designated as places for the examination of witnesses through audio-video electronic means under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which recently replaced the Code of Criminal Procedure (CrPC) of 1973.
Under the BNSS, Sections 266 (evidence for defence), 268 (when an accused shall be discharged), and 308 (evidence to be taken in the presence of the accused) provide for the examination of witnesses by audio-video electronic means at designated places to be notified by State governments. The Central government has now specified that these designated places cannot include police stations or places under the control of the police department.
“It is clarified that for the purposes of the above sections, the police stations or the place under the control of the Police Department may not be designated as place for examination of witnesses through audio-video electronic means,” the notification dated July 15 stated.
The BNSS is one of three new criminal laws (the other being the Bharatiya Nyaya Sanhita, which replaced the Indian Penal Code, and the Bharatiya Sakshya Adhiniyam, which replaced the Indian Evidence Act) that came into force on July 1. These laws are intended to replace colonial-era criminal laws in India, although they have also sparked some controversy regarding their passage in Parliament, their names, potential impact on existing criminal cases, and the practical difficulties in implementing a complete overhaul of the criminal justice system.
On the day these laws took effect, Union Home Minister Amit Shah remarked that the new laws aim to Indianise the justice system and ensure that criminal cases reach finality within three years of their registration. Union Minister of State for Law and Justice Arjun Ram Meghwal added that these laws focus on justice instead of punishment.
Meanwhile, at least two States – Tamil Nadu and Karnataka – are considering the introduction of State-level amendments to these laws.
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