Court Orders Senior Police Officials to Appear for Explanation Over Misuse of Bharatiya Nagarik Suraksha Sanhita, 2023 Provisions
In a significant ruling, the Karnataka High Court has taken a strong stance against procedural violations by the Whitefield Police Station in Bengaluru. The court, presided over by Justice M. Nagaprasanna, addressed the arbitrary detention of Sri Mohan Gowda, who was taken into custody before the stipulated appearance date in a notice issued under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The case stemmed from an incident where a comedy show by Kunal Kamra was canceled following a representation by the Hindu Rashtra Samanvaya Samithi. The petitioner, Mohan Gowda, celebrated the cancellation as a victory for Hindu unity on social media, which led to a suo motu case being registered by the Whitefield Police Station under Sections 217 and 353 of the BNSS.
The court highlighted repeated instances of procedural violations by the Whitefield Police Station, noting that police authorities cannot misuse BNSS provisions to detain individuals arbitrarily. Justice Nagaprasanna expressed concern over the modus operandi of the police and directed the Deputy Commissioner of Police, Assistant Commissioner of Police, and Police Sub-Inspector involved to appear before the court for an explanation.
The court warned that failure to ensure compliance with procedural laws could lead to summoning higher officials, including the Commissioner of Police of Bengaluru, to address the issue. The matter has been scheduled for further hearing on August 29, 2026.
This ruling underscores the judiciary's commitment to upholding legal norms and accountability within law enforcement agencies, emphasizing that arbitrary use of power by the police will not be tolerated.
Bottom Line :
Police authorities cannot misuse procedural provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to arbitrarily detain or take individuals into custody before the stipulated time in the notice. Such actions amount to a violation of legal norms and accountability is required from erring officials.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 35, 217, 353
Sri Mohan Gowda v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2969108
