BNS Arrest Memo Language Rule Sparks Controversy After Nagpur Bail Order, Maharashtra Police Seek Review From Centre

Mumbai: The Bharatiya Nyaya Sanhita (BNS) came into force across India on July 1, 2024, replacing the colonial-era Indian Penal Code (IPC). As the law approaches its second anniversary, the Central Government is conducting a review of its implementation and has sought feedback from investigating agencies across the country.

Police Seek Suggestions on BNS

In Maharashtra, the Director General of Police (DGP) Office recently circulated a list seeking suggestions from police units across the state, including Mumbai Police. Several Mumbai Police officers confirmed this development. A senior inspector from a police station said that a letter regarding the review had been received from the Joint Commissioner of Police (Law & Order), while another investigative unit received similar communication through its superior officers.

According to these officers, they submitted their responses two to three days ago. One officer noted that while the new BNS has several strengths, it also presents certain practical challenges. The most significant concern, he said, relates to the arrest memo.

Nagpur Court Grants Bail

Under the BNS, immediately after an arrest, the accused must be provided with an arrest memo in a language that they understand. The arrest memo explains the reasons for the arrest, and the accused’s family must also be informed of the arrest by phone. For example, if Maharashtra Police arrests a person who speaks Kannada or Telugu, the law requires that the arrest memo be provided in Kannada or Telugu. This requirement did not exist under the old IPC.

On June 11, legal complications surrounding this provision led to a murder accused being granted bail in Nagpur, sparking controversy. In that case, the Yashodhara Nagar Police Station arrested a murder suspect and provided the grounds of arrest in Marathi. The accused’s lawyer argued in court that the accused was a Hindi speaker and should have received the arrest memo in Hindi. Agreeing with this argument, a Nagpur court declared the arrest illegal and granted bail to the accused.

AI Translation Reliability Questioned

Subsequently, the investigating officer visited the school where the accused had studied and obtained his Class 10 marksheet. The document showed that the accused had passed Marathi, scoring 39 out of 100 marks. The officer presented this and other evidence before the court, following which the police regained custody of the accused.

However, the incident has raised broader questions about the arrest memo provisions under the BNS. According to one officer, in the age of Artificial Intelligence, it may be argued that police can simply use AI to translate arrest memos into the accused’s language. But the officer questioned whether AI translations can be trusted completely.

Mahale Explains IPC Arrest Forms

He pointed out that the BNS nowhere states that AI-generated translations can be used for this purpose. Legally, the safer approach would be to call a translator and have the document translated professionally before handing it to the accused. However, the law also requires that the arrest memo be provided immediately after arrest, making it practically difficult to locate a translator at such short notice.

Ramesh Mahale, the chief investigating officer of the 26/11 Mumbai terror attacks case, said that under the IPC, Maharashtra Police maintained two arrest memo forms—one in English and one in Hindi. After an arrest, the accused would fill out one of these forms and sign it.

MISA, NSA Have Similar Rules

Mahale further explained that under the Maintenance of Internal Security Act (MISA), not only the arrest memo but all case-related documents had to be provided to the detainee in a language they understood. Similar requirements exist under the National Security Act (NSA) and the Maharashtra Prevention of Dangerous Activities Act (MPDA), where all documents relied upon against a person must be translated into a language known to them.

However, Mahale noted that such cases arise only occasionally, perhaps once in several years. By contrast, thousands of cases are registered every day across India under the IPC earlier and now under the BNS. According to one officer, providing arrest memos in every accused person’s preferred language in all such cases is simply not practical.

Several Mumbai Police officers have strongly highlighted this issue in the suggestions they submitted to the Central Government as part of the BNS review process.

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