MP Home Secretary to Appear Before High Court Over Police Failure to Record Searches Under New BNSS Law

New Delhi: A single judge bench of the Madhya Pradesh high court has directed the state's principal home secretary, Arvind Sharma, to appear before the court  on January 12, expressing strong displeasure over the police’s failure to comply with provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 mandating audio-video recording of search and seizure operations. The summon was issued after the police informed the court about the suspension of six personnel involved in the arrest of an 18-year-old in a Mandsaur drug offense case.

In an order dated December 9, a single bench of Justice Subodh Abhyankar in Indore, questioned the apparent failure of authorities to comply with the new BNSS requirements. “From the aforesaid provisions, which have been introduced for the first time in the BNSS, the legislature has already taken into account the necessity to record the search and seizure through audio-video mode, however, it appears that the aforesaid provisions have been conveniently forgotten by the officers of the state,” it stated, as per a report by The Hindu.

The court has directed the principal secretary to join the next hearing via video-conference on January 12, 2026, to provide information on the steps being implemented to ensure compliance with the BNSS.

The high court bench made the observation while hearing a drug case involving Sohanlal Jaat, a youth from Balotra, Rajasthan, who was arrested on August 29 by Malhargarh police for the alleged possession of 2.7 kg of opium while traveling on a bus from Mandsaur.

On December 5, the court granted bail to Sohanlal, calling the police's case “rather suspicious”. His family had petitioned the high court for his release, accusing the police of “abducting him and planting the opium to build a fake case.” They provided CCTV footage showing three men in plain clothes escorting Sohanlal off the bus at 11.39 am, questioning the six-hour delay before the formal arrest.

Mandsaur Superintendent of Police (SP) Vinod Kumar Meena informed the court that six staff members – station house officer Rajendra Pawar, sub-inspectors Sajid Mansuri and Sanjay Pratap Singh, and constables Narendra, Jitendra, and Dilip Jat – from the Malhargarh police station were suspended on December 6.

Khartaram Jaat, Sohanlal’s elder brother, alleged that his sibling was “confined” in a private, secluded location by the police and was "beaten up and tortured". "They asked him to arrange Rs 12 lakh for his release. He knew he could not afford it so he refused. They planted the opium after that and arrested him,” he was quoted as saying by The Hindu. The family also claimed that post the incident Sohanlal, who was a "top student in class 12", remains sad and silent and is worried about his career due to the police case.

Sohanlal’s lawyer, Himanshu Thakur, criticised the police for presenting contradictory narratives.

“During the December 5 hearing, the investigating officer told the court that he did not recognise the men who took Sohanlal out of the bus. But now, the SP has admitted that they were cops and that they did not follow the legal procedure. A departmental inquiry has been launched now,” Thakur told The Hindu.

Further, the lawyer noted that although the SP has "admitted to negligence", the police counsel maintains the claim that opium was seized from Sohanlal. He suggested that this "claim will fall flat" as CCTV evidence does not show the youth carrying any items.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.