Did BNSS fix flaw of abuse of court process

746 votes

Regarding Look Out Circulars (LOCs), they are not issued arbitrarily. LOCs are governed by executive guidelines issued by the Ministry of Home Affairs and can be challenged before the High Court if issued without proper justification or in violation of fundamental rights.

Advocate Madhvi Chopra LawRato

520 votes

No Bhartiya Nagrik Suraksha Sangeeta BNSS 2023 also cant help in this matter. However they have some limitation to use the power. Limitation in curbing political misuse. Only court and evidence is the solution for a longer case

Advocate Sachin Rastogi LawRato

588 votes

Firstly, police are bound to register an FIR only in case of a cognizable offence where prima facie information discloses commission of an offence. This principle continues under the Bharatiya Nagarik Suraksha Sanhita, 2023, similar to earlier law. However, the Supreme Court has already clarified (even prior to BNSS) that in certain categories of cases, preliminary inquiry is permissible to prevent misuse. Secondly, regarding Look Out Circulars (LOCs), these are not arbitrary powers. They are governed by executive guidelines issued by the Ministry of Home Affairs. LOCs are generally issued in serious matters (economic offences, absconding accused, etc.) and require recorded reasons and higher-level approval, not merely routine police discretion. Coming to your main question: BNSS has not completely removed the possibility of misuse, but it has introduced certain safeguards: Greater emphasis on documentation and accountability in investigation Digital record-keeping and tracking of FIRs and proceedings Continued judicial oversight through Magistrates and High Courts However, the real safeguard against misuse still lies in judicial remedies, such as: Quashing of FIR before High Court Anticipatory bail Challenge to LOC before appropriate forum/High Court Departmental action against misuse of power In summary, BNSS has improved procedural transparency, but it has not fundamentally changed the structure of police powers. Misuse, if any, is still addressed primarily through judicial review and constitutional remedies, not by eliminating such powers altogether.

Advocate Yuganshu Sharma LawRato

972 votes

BNSS retains police duty to register FIRs for cognizable offences. However, safeguards remain—courts can quash false FIRs, and LOCs are subject to legal guidelines and judicial review to prevent misuse.

Advocate Keshav Agarwal LawRato

918 votes

in case you have asked a proper question , it is advisable that please go through BNSS for the same and get your answer there. procedure aspect of law remains unchanged and as per the practicing lawyer such problem can be fixed within the court of law

LawRato LawRato