In a recent directive, Union Home Secretary Ajay Bhalla has instructed all State Chief Secretaries and Union Territory administrations to refrain from designating police stations or premises under police control as venues for the examination of witnesses. This move comes under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, aimed at modernizing legal procedures.
Union Home Secretary Ajay Bhalla on Monday asked all the Chief Secretaries of State/UTs that “police stations or the place under the control of the police department” should not be designated as a place for examination of witnesses.
The direction came a month after all the police stations were asked to identify a designated place in their premises for the examination of witnesses through audio-video electronic means under Sections 265, 266 and 308 under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
In his letter, Bhalla said, “…It is clarified that the purposes of these sections, the police stations or the place under the control of the police department may not be designated as a place for examination of witnesses through audio-video electronic means.”
Effective from July 1, the BNSS has replaced the traditional Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, marking a significant overhaul in India’s criminal justice framework. This legislative change underscores comprehensive reforms in penal offences, investigation protocols, evidence handling, and trial procedures across the country.
Citing example of the Delhi Police, an officer said all the district DCPs were recently asked by the legal branch for the designated places are to be notified under Sections 265 (3), 266 (2) and 308 of BNSS 2023 for examining witness by courts through video conferencing.