**Title:** Bombay High Court Seeks Clarity on BNSS Applicability to Maharashtra Police
**Meta Description:** The Bombay High Court questions the applicability of the Bharatiya Nagarik Suraksha Sanhita to Maharashtra police amid ongoing petitions.
**URL Slug:** bombay-high-court-bnss-maharashtra-police
**Headline:** Bombay High Court Questions Applicability of BNSS to Maharashtra Police Amid Ongoing Petitions
The Bombay High Court has recently sought clarification regarding the applicability of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to police forces in Maharashtra while addressing two separate petitions. A bench comprising Justices AS Gadkari and RR Bhonsale has directed the Joint Commissioner of Police (Law and Order) in Mumbai to provide a detailed response concerning the BNSS’s relevance to the Mumbai Police.
In one of the orders, the bench instructed the Joint Commissioner to clarify whether the BNSS is applicable to the Mumbai Police. If it is, the court demanded an explanation as to why police personnel in Mumbai are not adhering to its provisions and are instead issuing summonses to citizens through unspecified procedures not outlined in the police manual.
In a separate order related to the Kashimira police station in Mira Road, Thane, the bench expressed concern over the leisurely conduct of preliminary inquiries by police personnel, which often disregard the legal requirements set forth in Section 173(3)(i) of the BNSS. This section mandates that a preliminary inquiry to determine the existence of a prima facie case must be completed within fourteen days. The court noted that these inquiries frequently extend for months, indicating a blatant disregard for the law.
The bench suggested that police officers might either be unaware of the BNSS, which came into effect on July 1, 2024, or are intentionally neglecting its mandatory provisions. In the second petition, the court directed the Home Department of the Government of India to clarify whether the BNSS applies to all police stations within its jurisdiction and to address the lack of adherence to its guidelines.
The first petition was filed by businessman Mehul Jain, who alleged that after certain individuals he had business dealings with were arrested by the Enforcement Directorate, they demanded payments from him upon securing bail. Jain claimed to have received death threats from these individuals and reported the matter to the VP Road police station in Mumbai. However, instead of registering a First Information Report (FIR), the police allegedly summoned him under the pretext of conducting an inquiry.
In the second petition, builder Kundan Jaywant Patil sought the court’s intervention for the registration of an FIR against individuals concerning his ancestral property, alleging that some builders were attempting to encroach upon it.
The Bombay High Court’s inquiries highlight significant concerns regarding the enforcement of the BNSS and the conduct of police inquiries in Maharashtra, emphasizing the need for adherence to legal mandates to ensure justice and accountability.
**FAQ Section:**
**Q: What is the Bharatiya Nagarik Suraksha Sanhita (BNSS)?**
A: The BNSS is a legal framework enacted by the Government of India aimed at reforming police procedures and ensuring accountability in law enforcement.