Referring to various sections of the Bharatiya Nyay Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), John said that these provisions have made getting bail much more difficult and has given more powers to the State than the citizens.
She referred to Section 187 of the BNSS, which in her opinion can be subjected to tremendous misuse as the police can now seek the custody in a staggered manner.
“Earlier a person arrested had to be produced before the magistrate in 24 hours and the magistrate could remand that person in tranches of 15 days. It was made clear that only for the first 15 days the person could be remanded to police custody and after that you have to send him to judicial custody. That has changed now. I have serious reservations and opposition to that change. It gives the police the power to stagger the investigation. What it now does is that police can seek custody even after the initial 15 days period. Police would now always turn and say we have not completed our 15 days custody and oppose bail on that ground. I think this provision can be subjected to tremendous misuse,” John argued.
Source: Barandbench
