Maharashtra council passes BNSS amendment increasing duration of preventive custody

Mumbai, Jul 8 (PTI) The Maharashtra legislative council on Wednesday passed an amendment to the Bharatiya Nagarik Suraksha Sanhita (BNSS) increasing the period for which police can detain a person as "preventive action" from 24 hours to 15 to 30 days, even as the Opposition protested by walking out. The House also passed another amendment making presence before the court mandatory for a person seeking anticipatory or pre-arrest bail by amending Section 482 of the BNSS. While Opposition members said the amendments could be misused and demanded that the bill be sent to the select committee, even some members from the treasury benches expressed concerns. Minister of State for Home Yogesh Kadam introduced the bill (which is yet to be passed by the legislative assembly). Congress's Satej Patil said the bill had been brought in haste and its provisions could be misused at the police station level. Shiv Sena (UBT's) Anil Parab said important powers of IPS officers are being given to subordinate officers through this amendment. The increase in the permissible duration of preventive custody could be used to target opposition leaders, and even ruling parties may suffer when they are out of power, he said. As to the provision making it mandatory to be present before a court for seeking pre-arrest bail, the ruling BJP' Pravin Darekar said care should be taken to ensure that innocent people do not face harassment. Omprakash (Bachchu) Kadu of the ruling Shiv Sena said he will not support the provision allowing police to keep a person in preventive custody for 30 days. Sadashiv Khot of the BJP too raised concern over the same provision, saying it will impact protests for social causes. Defending the provision to increase the preventive custody limit to 15 to 30 days, Kadam said it can be done only with a court's permission. Not convinced, Opposition MLCs walked out. Other provisions in the bill included an amendment to section 15 of the BNSS which provides that the state government may appoint a police officer, not below the rank of Superintendent of Police, as a Special Executive Magistrate. As Assistant Commissioners of Police or Sub-Divisional Police Officers have a more relevant role in investigation, the amendment provides that an officer not below the rank of ACP or SDPO can be appointed as a Special Executive Magistrate. Under section 107 (1) of the BNSS, approval of SP or Commissioner of Police is needed to make an application to a court for attachment of any property resulting from criminal activity. The amendment gives such powers also to Joint Commissioners of Police. Section 129 of the BNSS provides for seeking security for good behaviour from habitual offender committing offences under certain Acts. The amendment brings offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, under the section. Section 170 of the Sanhita is proposed to be amended to provide for remand of an arrested person in custody under the authority of a Judicial Magistrate, if the person is likely to be prejudicial to the maintenance of public order, for a period of 15 days at a time, but not exceeding a total period of thirty days. Kadam said this provision was part of the Criminal Procedure Code. Further, the time for conducting preliminary enquiry to ascertain whether there exists a prima-facie case for proceeding in cognisable cases is proposed to be increased from 14 days to six weeks by amending section 173. PTI PR KRK