Police Stations Not Permitted for Witness Examination via Audio-Video Means: MHA Clarifies Under BNSS 2023

Police Stations Not Permitted for Witness Examination via Audio-Video Means: MHA Clarifies Under BNSS 2023

The Union Ministry of Home Affairs has clarified that under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), police stations are not permissible locations for the examination of witnesses via audio-video electronic means.

The BNSS recently replaced the Code of Criminal Procedure (CrPC) of 1973. Under the BNSS, Sections 266 (evidence for defense), 268 (when an accused shall be discharged), and 308 (evidence to be taken in the presence of the accused) allow for the examination of witnesses via audio-video electronic means at designated locations to be notified by State governments.

The Central government has now clarified that these designated places cannot be police stations or locations under the control of a police department.

Union Home Minister Amit Shah noted that the new laws aim to Indianize the justice system and ensure that criminal cases are resolved within three years of their registration. Union Minister of State for Law and Justice Arjun Ram Meghwal added that the focus of these laws is on justice rather than punishment. Meanwhile, at least two states, Tamil Nadu and Karnataka, are considering introducing State-level amendments to these laws.

 

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