Bharatiya Nagarik Suraksha Sanhita Bill

Introduction

Police-Citizen Conflict: Understanding the Legal Procedures

In recent years, the news of conflicts between police officers and citizens in India, often resulting in the use of excessive force, continues to make headlines. If you ever find yourself in a situation where you believe a police officer has committed a criminal offense, and you wish to take legal action against them, the process can be slightly different compared to pursuing charges against an ordinary citizen. Moreover, a significant development is on the horizon as the "Bharatiya Nagarik Suraksha Sanhita bill" is currently under consideration by the Parliamentary Committee. In this article, we'll delve into the current procedure and explore how this new legislation might impact such cases.

The Role of Section 197

Understanding the Role of Section 197 of the Code of Criminal Procedure

To comprehend the current procedure for taking legal action against a public servant, one must refer to Section 197 of the Code of Criminal Procedure. This section explicitly states that if a public servant is accused of a crime committed in the discharge of their duty, the court cannot take cognizance of the case unless it receives prior sanction from the government. The primary intention behind this requirement is to shield public servants from frivolous and false allegations, which, in itself, is a valid concern. However, the process of obtaining such sanction can often take years, leading to a delayed initiation of the trial.

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Proposed Changes: "Bharatiya Nagarik Suraksha Sanhita bill"

A Glimpse into the Bharatiya Nagarik Suraksha Sanhita bill

The impending The Bharatiya Nagarik Suraksha Sanhita bill, currently under consideration, also retains the requirement of sanction, as we've seen in Section 197 of the Code of Criminal Procedure. However, a significant change has been introduced in this legislation. Under the proposed amendments, the government will have a strict time limit of 120 days to decide whether to grant sanction for the prosecution of the public servant. If they fail to provide their sanction within this timeframe, it will be deemed as granted, and the trial proceedings will commence.

A Potential Game-Changer

This change in the Bharatiya Nagarik Suraksha Sanhita bill holds the potential to significantly impact cases involving conflicts between the police and citizens. With a more streamlined process for obtaining sanction, the delay in initiating trials may be minimized, ensuring a swifter pursuit of justice. While the intention behind safeguarding public servants from false accusations remains important, these amendments aim to strike a balance between protecting their interests and ensuring a timely and fair legal process. As the legislation progresses through the parliamentary review, it will be crucial to monitor how it affects the dynamics of such cases in the future.