ASG Raju Explains Legal Nuance of House Arrest Under New Bhartiya Nyaay Sanhita (BNSS)

New Delhi: At the 5th edition of the Ram Jethmalani Memorial Lecture, hosted by Republic Media Network’s Editor-in-Chief Arnab Goswami , Additional Solicitor General (ASG) SV Raju took the stage to discuss the sweeping changes introduced in India’s criminal justice system. Among the key issues he raised was the provision for house arrest under the new laws, now known as the Bhartiya Nyaay Sanhita, Bhartiya Nagrik Suraksha Sanhita, and the Bhartiya Sakshya Sanhita, which have replaced the long-standing colonial laws—CrPC, IPC, and the Indian Evidence Act.

House Arrest: A New Form of Judicial Custody?

One of the most significant takeaways from ASG Raju’s speech was his explanation of how house arrest could be used as a form of judicial custody under the new legal framework. He explained that while constitutional courts like the Supreme Court have used house arrest in special cases, the new laws extend this provision to magistrates and session courts. He emphasized that for house arrest to be legally valid, the location where the individual is detained must be officially declared a "prison" by the government.

Raju pointed out that without this formal declaration, house arrest cannot be granted, as it would otherwise open the door for wealthy or influential individuals to misuse the provision. “Without the place being declared a prison, people—especially the rich and affluent—could begin requesting house arrest as an alternative to regular judicial custody,” he said.

He further added that when house arrest should be granted is a separate issue that will require careful legal consideration to avoid misuse.

Delays in Justice: Reducing Bottlenecks

Raju also addressed the long-standing issue of delays in the Indian judicial system, highlighting how the new laws aim to streamline processes. One such reform is the introduction of electronic summons, which he said would greatly reduce delays in serving justice. "Electronic summons will cut down the time wasted in manual processes and ensure quicker responses from parties involved in legal cases," Raju noted.

He also pointed out that the new provisions empower magistrates to proceed with cases even if the judge is unavailable, ensuring that trials are not delayed due to administrative or scheduling issues, especially in district courts.

Rape Law Reforms

In addition to procedural changes, Raju touched upon crucial amendments in laws related to rape cases. He said, to reduce the delays in Justice these new reforms mandate the submission of medical reports within 7 days of the incident. He also mentioned that both victim and accused's timeline of the incident should be recorded in electronic form. 
He emphasized that these changes would strengthen the legal framework for addressing sexual assault and ensure faster and more efficient judicial proceedings for such cases.

The lecture series, dedicated to the memory of the late Ram Jethmalani, one of India's most celebrated lawyers, has become a key annual event for the legal community to engage in meaningful dialogue on evolving legal issues. This year’s focus on India’s new criminal laws could not have been more timely, as the country embarks on a significant overhaul of its legal framework.