Debunking the Myth: Understanding CrPC 1973 and BNSS

As law students, we've all been there - staring at the Indian Penal Code, the Code of Criminal Procedure, and the Bail Norms Special Section, wondering what it all means. But fear not, fellow aspirants, for we're about to debunk some common myths surrounding these statutes.

The CrPC 1973: A Cop's Best Friend?

The Code of Criminal Procedure, 1973, is often misunderstood as a document that gives police unbridled powers. But is it really that simple? The answer lies in Section 37, which clearly states that police custody can only be granted for interrogation, and not for punishment. In Re: Kishore Singh v. State of Rajasthan (1989), the Supreme Court held that police custody cannot be used as a means to extract confessions.

The BNSS: A Bailor's Paradise?

The Bail Norms Special Section, introduced in 2018, aims to provide a fair and just system for grant of bail. But what does it really mean? In GN Sahni v. State (Delhi Administration) (1972), the Supreme Court laid down the test for granting bail, which involves considering the accused's character, the nature of the offence, and the likelihood of the accused fleeing or intimidating witnesses.

The Myth of Police Powers

One common myth surrounding the CrPC 1973 is that police can arrest anyone without a warrant. But this is far from true. Under Section 151, police can only arrest without a warrant in cases of imminent danger or breach of peace. Even then, the arrest must be made in accordance with the guidelines laid down in D.K. Basu v. State of West Bengal (1997).

The Bail Norms Special Section: A Game-Changer?

The BNSS aims to ensure that bail is granted in a fair and just manner. But what does this mean in practice?