Police can detain people who resist, disregard law under BNSS provisions

A police officer can detain a person who resists or disregards lawful directions to prevent a cognisable offence, according to the Bharatiya Nagarik Suraksha Sanhita (BNSS) which came into effect on Monday.

The BNSS, which replaced the British-era Code of Criminal Procedure, has introduced "a new insertion" as Clause 172 in 'Preventive Action of the Police'.

It states that people must conform to directions of the police issued in the course of preventing the commission of a cognizable offence, officials said.

The provision allows a police officer to detain such person and produce them before a magistrate or, in petty cases, release the person as soon as possible within 24 hours, they said.

Under the BNSS, police officials have been given a layer of immunity in cases of dereliction in carrying out duties on the orders of an executive magistrate to disperse unlawful assembly.

In such cases, police officers cannot be prosecuted without the sanction of the government.

Under clause 58