BNSS Heralds A 'Transformative Era' In Criminal Justice, Promotes Transparent System Aligned With Principles Of Fairness: Delhi High Court

The Delhi High Court has observed that the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the British-era Code of Criminal Procedure, heralds a transformative era in the criminal justice.

“BNSS, with its comprehensive emphasis on technological integration, heralds a transformative era in criminal justice, promoting a system that is not only transparent and accountable but also fundamentally aligned with the principles of fairness and justice,” Justice Amit Mahajan observed.

While granting bail to an accused in a case registered under NDPS Act, the court said that the practice of photography and videography of search and seizure by police has now been made mandatory under BNSS.

It was the accused's case that even though he was apprehended during daytime and the seizure was made on the basis of secret information, the police officials made no endeavour to arrange for videography of the raid and recovery of the contraband from him.

The prosecution had alleged that during the search, one bag was recovered from his possession, from which 1.1kg charas, concealed in two packs of 550 grams each was recovered.

Observing that almost all individuals carry a mobile phone compatible for videography these days, the court said mere absence of videography and photography of the recovery does not nullify the prosecution's case of but it can be sufficient to create a doubt regarding its veracity.

“Realizing the need of changing time, the legislature has now passed the Bharatiya Nagarik Suraksha Sanhita ('BNSS'). The practice of photography and videography has now been made mandatory. Even though it is contended that, at the relevant time, the same was not mandatory, it cannot be denied that the Courts have, time and again, discarded the prosecution's story and had emphasized on the importance of independent witnesses and additional evidence in the form of audiography and videography when the same can easily be obtained due to advancement of technology,” the court said.

It added that photography and videography are universally accepted as the best practices for better erudition and appreciation of the evidence, which ensures that the prosecution is able to better document the recovery during the investigation.

“BNSS stipulates that the proceedings of search and seizure shall be recorded through any audio – video means preferably through a mobile phone. As noted above, these days mobile phones are handy with almost everyone especially, in a metropolitan city like Delhi,” the court observed.

Justice Mahajan granted bail to the accused, observing that he made out a prima facie case for grant of bail on the grounds of absence of independent witnesses and prolonged delay in the trial.

“The applicant is also stated to be of clean antecedents. Therefore, I am satisfied that are reasonable grounds for believing that the applicant is not likely to commit any offence while on bail,” it said.

Counsel for Applicant: Mr. Shivendra Dwivedi, Advs

Counsel for Respondent: Ms. Rupali Bandhopadhya, ASC for the State for the State

Title: BANTU v. STATE GOVT OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 768

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