The rights of an accused person in a serious crime under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, are robustly designed to uphold fairness, procedural transparency, and constitutional protections. The BNSS, replacing the CrPC, codifies several rights for accused persons, particularly in grave offenses, ensuring a just balance between state authority and individual liberties.
Introduction
The BNSS, 2023, marks a transformative step in modernizing India’s criminal procedural laws, explicitly reaffirming and strengthening the rights of accused persons. These rights recognize the inherent dignity of the accused and aim to prevent misuse of police and judicial powers. Constitutional guarantees, Supreme Court judgments, and the BNSS work in tandem to assure humane treatment and legal justice even in serious crimes.
Right to Know the Grounds of Arrest
Every accused has the fundamental right to be informed about the reasons for arrest and the charges against them at the time of detention. Section 50 of the BNSS, mirroring constitutional mandates, requires the police to clearly state the alleged offense. This transparency enables the accused to understand the legal case, ensuring meaningful preparation of defense.
Right to Legal Representation
Under Section 41D of BNSS, an accused is permitted to consult with a lawyer of their choice during police interrogation. If indigent, the state must provide free legal aid, as guaranteed by Article 22(1) of the Constitution and detailed in BNSS provisions. This right is essential for safeguarding legal interests and avoiding coercion during investigation or trial.
Right to Be Produced Before a Magistrate
To prevent unlawful detention, BNSS mandates that any arrested person must be produced before a magistrate within 24 hours of arrest, excluding travel time. Sections 57, 58, and 76 of BNSS provide this protection, ensuring judicial oversight and averting prolonged custody without review.
Right Against Self-Incrimination
Article 20(3) of the Constitution, extended by BNSS, protects every accused from being forced to incriminate themselves. Confessions obtained under duress are inadmissible in court, stopping police or investigative authorities from coercive tactics during investigation.
Right to Bail and Anticipatory Bail
Bail provisions under the BNSS allow for release on bail in bailable offences, with guidelines for non-bailable and serious crimes. While bail is not automatic in grave offences, the legal process provides for judicial scrutiny and discretion. The right to anticipatory bail, however, is restricted under BNSS compared to CrPC, reflecting legislative intent to prevent misuse in serious crimes.
Right to Medical Examination
To protect against custodial torture, Section 53 of BNSS grants the accused the right to demand a medical examination and receive medical assistance if required. This procedure not only serves the individual’s health but also supplies material evidence in case of alleged police misconduct.
Right to Notification of Arrest
BNSS obliges police to inform a relative, friend, or person of choice about an accused’s arrest. Section 48 makes this notification mandatory, ensuring that the accused can arrange for legal help and familiar support.
Right to Fair and Speedy Trial
A cornerstone of justice, the BNSS upholds the right to an open, fair, and expeditious trial, as recognized by Article 14 of the Constitution. Speedy trial has found support in landmark cases like Hussainara Khatoon v. Home Secretary, State of Bihar, and continues under BNSS with specific provisions for efficient case processing and witness attendance.
Right to Cross-Examination and Evidence
Section 269(7) of BNSS emphasizes the right to cross-examine prosecution witnesses. If witnesses cannot be produced despite reasonable attempts, their testimony may be disregarded, maintaining the fairness of proceedings and the rights of the accused in mounting a defense.
Opportunity to Be Heard
Section 223 of BNSS states that the magistrate must issue a notice and provide the accused opportunity to be heard before accepting a criminal complaint into the judicial system. The accused can review the complaint and sworn witness statements and make submissions, thus preserving procedural fairness.
Protection against Arbitrary Detention and Custody Documentation
BNSS stresses documentation and custody protocols. Section 56 requires a custody memo—a signed, time-stamped document detailing arrest circumstances. The accused’s health and safety must be reasonably safeguarded by the authorities.
Rights in Serious Crime Cases
For serious crimes, certain rights may be subject to more judicial scrutiny (e.g., bail or anticipatory bail). However, basic protections including the right to legal counsel, medical examination, notification, and judicial oversight remain operative, regardless of the offence’s gravity. The BNSS’s denial of bail for multiple or particularly heinous offences is offset by judicial discretion and the continued right to representation and fair trial.
Rights of Accused Tried in Absentia
Under Section 356, BNSS now permits trial in absentia for proclaimed offenders. If an accused evades arrest and trial, the court may record reasons and proceed with judgment as though the person was present. However, the right to appeal is only exercisable if the convict presents themselves before the appellate court; appeals after three years from judgment expiry are barred.
Rights of Accused with Mental Illness
If the accused is mentally ill, BNSS prescribes procedures for assessment and safeguards in trial, ensuring humane treatment and proper representation.
Landmark Judgments
Supreme Court cases such as Maneka Gandhi v. Union of India, D.K. Basu v. State of West Bengal, and Joginder Kumar v. State of Uttar Pradesh have been instrumental in defining and protecting accused rights, now reflected in BNSS. These judgments emphasize that power to arrest is not absolute, and personal liberty remains paramount until proven guilty by due process.
Conclusion
The BNSS, 2023 codifies and expands upon core rights of accused persons in serious crimes, reflecting constitutional values, international human rights standards, and evolving judicial interpretations. These rights include the right to be informed, legal representation, judicial oversight, fair trial, medical and humane treatment, opportunity to be heard, and protection against arbitrary or coercive state action. They serve to balance the interests of justice, public safety, and individual liberty, ensuring that even in cases of grave allegations, no one is deprived of the fundamental protections guaranteed under law.