Mumbai: The Maharashtra Legislative Council passed a series of far-reaching amendments to the Bharatiya Nagarik Suraksha Sanhita (BNSS), significantly expanding police powers, extending preventive detention, and bringing digital content within the ambit of seizure provisions. The proposed changes, however, have triggered concerns from the Opposition over their possible misuse against political opponents and citizens.
The amendments, which are yet to be approved by the Legislative Assembly, seek to modify several provisions of the Central criminal procedure law governing investigation, inquiry and trial of criminal offences. As criminal law falls under the Concurrent List of the Constitution, states are empowered to enact amendments, provided they do not conflict with the Central legislation.
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One of the most significant changes relates to preventive detention. While the existing BNSS permits police to detain a person for up to 24 hours to prevent the commission of a cognisable offence before producing them before a court, the amendment empowers a Judicial Magistrate to authorise detention for 15 days at a time, up to a maximum of 30 days, if the person’s release is considered likely to disturb public order.
Another major amendment widens the scope of Section 98, which empowers the State Government to forfeit publications containing material deemed prejudicial to the sovereignty, unity and integrity of the nation, promoting enmity or obscenity. The revised provision extends these powers beyond newspapers, books and printed documents to include electronic and digital records, thereby covering online news platforms, websites and social media content.
The State has also proposed lowering the rank of officers authorised to perform certain investigative functions under Section 15. Instead of officers not below the rank of Superintendent of Police (SP), the powers would now vest with officers of the rank of Assistant Commissioner of Police (ACP), with the Government arguing that ACPs are more directly involved in criminal investigations.
Another notable amendment makes it mandatory for applicants seeking anticipatory bail to remain personally present before the court during the final hearing and at the time of pronouncement of the order under Section 482.
The Bill also contains amendments relating to attachment of properties under Section 107 and provisions dealing with offenders under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, including execution of bonds for good behaviour, violation of which could invite preventive action.
Defending the amendments, the Government maintained that the changes were intended to strengthen the criminal justice system and improve law enforcement while retaining safeguards.
However, Opposition members voiced strong reservations, particularly over the proposal to extend preventive detention to 30 days. They warned that such powers could be misused to detain political leaders, activists or party workers during elections, protests or other sensitive situations.
Concerns were also raised over reducing the rank of officers authorised to exercise certain investigative powers, with critics cautioning that the move could increase the scope for abuse at the police station level.
Even BJP MLC Pravin Darekar urged that the provision mandating personal appearance in anticipatory bail proceedings should be implemented judiciously and should not become a tool for harassing innocent citizens.
The amendments will now be placed before the Maharashtra Legislative Assembly. If approved and subsequently receiving the required assent, they are likely to face close judicial scrutiny, particularly if any provision is found to be inconsistent with the Central law.
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