Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is India’s new criminal procedure law replacing the Code of Criminal Procedure (CrPC), 1973. A key theme in BNSS is citizen-centric justice. In this context, the role of the public or common people is not just passive—it is active, participatory, and empowered.
The BNSS recognizes that justice and public safety are not just the duty of police, courts, and the state; the public is an essential stakeholder. Through formal obligations and informal roles, the public helps in crime prevention, investigation, and trial processes.
Legal Framework: Where the BNSS Defines the Role of the Public
Several sections of the BNSS directly or indirectly assign duties, rights, and responsibilities to members of the public.
1. Duty to Assist Magistrates and Police Officers (Section 36)
- Every person is legally bound to assist a Magistrate or police officer when:
- They are reasonably required for preventing or suppressing a crime
- A person is being arrested or escaping custody
- Public peace is in danger
- This ensures that the community cooperates in times of emergency.
2. Public Duty to Report Offences (Section 202)
- Any person aware of the commission of a cognizable offence must inform the nearest police officer or Magistrate.
- This is especially important in:
- Cases of murder, rape, theft, terrorism, etc.
3. Assistance in Apprehension of Offenders (Section 35 & 37)
- Any person can arrest an individual who commits a cognizable offence in their presence.
- They must hand over the accused to the police without delay.
- This empowers responsible citizens to act when law enforcement is not immediately present.
4. Public as Witnesses (Section 337–344)
- BNSS provides for summoning public witnesses for:
- Crime scenes
- Searches and seizures
- Trials
- Witnesses are given legal protections, and false testimony is punishable.
- BNSS mandates digital recording of statements, reducing manipulation and improving transparency.
5. Participation in Public Trials (Section 338)
- Trials are generally open to the public, except where privacy is needed (e.g., in rape or child abuse cases).
- This ensures transparency and trust in the judicial system.
6. Public’s Right to File Complaints (Section 208–211)
- Any citizen can file a complaint directly before a Magistrate about any offence.
- This strengthens access to justice, especially for those ignored or mistreated by police.
7. Informant’s Role and Protection
- Persons who report crimes (informants) play a critical role.
- BNSS encourages the public to share digital evidence, video clips, or social media records in investigations.
- There are emerging frameworks for witness protection, though a full-fledged program is expected in future reforms.
8. Support for Victims and Legal Aid
- Public groups, NGOs, and citizens can help victims access:
- Legal aid
- Counseling
- Compensation schemes
- BNSS promotes a victim-centric approach, where society also plays a healing role.
Real-Life Examples of Public Role
| Situation | Public Role |
|---|---|
| Theft in a neighborhood | Residents can detain thief, call police |
| Road accident with hit-and-run | Witnesses can record and share videos |
| Dowry harassment in family | Friends or neighbors can report to police |
| Mob violence or riots | Locals must inform authorities immediately |
| Elderly abuse in apartments | Social groups can file complaint |
Benefits of Public Participation in BNSS
- Faster investigations
- Increased accountability
- Trust-building between law enforcement and society
- Wider evidence base for trials
- Democratization of justice
Summary Table: Public’s Role Under BNSS
| Area of Law | Public Responsibility |
|---|---|
| Duty to report offences | Report cognizable crimes to police |
| Duty to assist authorities | Help police/Magistrate in arrests and investigations |
| Arrest powers | Citizen’s arrest of persons committing cognizable offences |
| Witnesses in criminal process | Appear before court, support search/seizure, record statements |
| Right to file complaint | Lodge direct complaint with Magistrate |
| Support to victims | Legal aid, NGO involvement, psychological support |
| Transparent trials | Attend open trials, report irregularities |