BNS: With great power comes great responsibility

Senior inspectors at police stations can now register cases against organised crime and terrorism. Representation pic

The three new Sections covering organised crime and terrorist activities defined under Bharatiya Nyaya Sanhita 2023 (BNS) are a major cause of concern for anti-social elements, as senior inspectors at police stations are now empowered to register cases. This contrasts with the previous system, where officers had to wait for the approval of higher-ups.

The far-reaching consequences of Section 111 (organised crime), 112 (petty organised crime), and 113 (terrorist act) under BNS are expected to keep criminals at bay. However, the additional teeth given to police station in-charges may lead to misuse, as these cases will no longer undergo the meticulous scrutiny of senior police officers. Previously, junior officers had to present extensive documentation before booking individuals under the Maharashtra Control of Organised Crime Act (MCOCA).

In a simplified manner, one can say that organised crime and terrorism-related cases, which previously involved the meticulous scrutiny of senior officers, will now be registered at police stations without any monitoring.

While police stations have been empowered by BNS, in Section 112, the term petty organised crime has not been explained in the law. These crimes were previously covered under special Acts such as MCOCA and Prevention of Unlawful Activities (UAPA). Before registering cases under MCOCA and UAPA, the senior officials were roped in to conduct multiple checks before one was charged.

Even the filing of the charge sheet required the approval of the commissioner of police in MCOCA cases and permission from the Home Department was needed in UAPA cases.

"The three Sections added under BNS lack clear wording and grant excessive power to police stations, which can be misused to target those raising their voices against the government. Having special Acts like MCOCA and UAPA, there was no need for additional Sections on organised crime and terrorism. The broad scope and harsh penalties of these provisions could lead to misuse against marginalised communities and political opponents, infringing on fundamental rights protected under the Constitution of India. Such laws may lead to arbitrary arrests and detentions without sufficient checks and balances, thereby undermining the principles of justice and fairness," said Advocate Zeeshan Khan, who deals with the cases related to UAPA and MCOCA.

Explaining further, a senior officer in the Maharashtra Police said, "I believe the addition of organised crime and terrorism in the newly implemented laws is much-needed. It gives broader power to local units to keep tabs on organised crime and terror activities, making the registration of such crimes more flexible and increasing involvement of local units."

According to the officer, a deputy superintendent of police rank officer is no longer required to register such cases under special laws, as the newly-added sections have most of the definitions found under UAPA. "The only difference is that unlawful organisations were declared in the special Act, but in BNS, no such organisations are declared," he added.

"If an officer believes that a particular person or organisation, not declared unlawful/banned, is involved in terror activities, they can be booked under the new law," the officer explained.

Speaking on the potential misuse of such powers by local police stations, the officer said, "Even today, police stations have the power to register cases, but these go through checks by senior officers. If an officer is going to register a case under such sensitive Sections, obviously, he can't do it without informing his superiors and getting their approval. The concern only arises in petty offences which have been added to the organised crime category and lack a proper definition. There is a grey area that can be misused at the level of the police station."

A retired IPS officer, Subodh Kumar Jaiswal, who was a former CBI chief, believes that the new laws represent a tectonic shift towards a people-friendly approach to justice.

The Maharashtra Police on its X handle quoted Jaiswal saying, "This will ensure justice is served rightly and swiftly.

The Indian criminal justice system is now more victim-friendly and justice-oriented - a transformation achieved through extensive deliberation. Additionally, these new laws will address the challenges arising due to cyber-enabled crimes."

July 1
Day laws came into force