Maharashtra Legislative Council Passes Amendments To Central Criminal Procedure Law
The Maharashtra Legislative Council on Wednesday, July 8, passed proposed amendments to the Bharatiya Nagarik Suraksha Samiti (BNSS), the central criminal procedure law of India. The bill, which must still be passed by the Legislative Assembly, seeks to introduce several state-specific changes to police powers, digital media monitoring, and detention rules.
Under the proposed changes to Section 15 of the BNSS, the state government seeks to lower the minimum police rank required for certain operational roles in investigations. Currently, the central law restricts these roles to officials not below the rank of Superintendent of Police (SP). The state's amendment would lower this requirement to an Assistant Commissioner of Police (ACP), with the government arguing that the ACP post is more relevant for local investigations.
The amendments also expand the state's power to seize and forfeit materials under Section 98. While the central law allows the government to forfeit publications like newspapers, books, or documents that violate criminal laws, the state's proposal adds electronic and digital records to this list. This change would bring online news websites and social media platforms under the scope of state seizure.
Significant changes are also proposed for preventive arrests under Section 170. Currently, the police can detain a suspect without a warrant for up to 24 hours before producing them before a court. The proposed amendment allows a judicial magistrate to extend this detention for 15 days at a time, up to a maximum of 30 days, if releasing the individual could disrupt public order.
Furthermore, an amendment to Section 482 would make it mandatory for individuals seeking anticipatory bail to be physically present in court during the final hearing and order. Other provisions include altering the rank of officials authorized to attach properties under Section 107, specifically targeting offenders under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The proposed amendments have drawn criticism from the Opposition, who expressed concern that extending preventive detention up to 30 days could be used to target political leaders during protests or elections. Opposition members also warned that lowering the required police rank for investigations could lead to misuse at the local police station level. Meanwhile, ruling Bharatiya Janata Party (BJP) leader Pravin Darekar noted that the mandatory court presence for anticipatory bail should not be used to harass innocent people.
State legislatures are permitted to amend central criminal laws because criminal law falls under the concurrent list of the Indian Constitution, provided the amendments do not conflict with central legislation.
