Abstract: Unlawful detention by police continues to undermine constitutional guarantees of liberty in India. Despite safeguards under the Code of Criminal Procedure, 1973 (CrPC), arbitrary arrests and custodial excesses persist. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the CrPC, introduces procedural refinements but raises questions about substantive reform. This paper critically analyses the continuities and departures between the CrPC and BNSS, focusing on police powers of arrest and detention, judicial oversight, and accountability mechanisms. Drawing on constitutional jurisprudence, statutory provisions, and international standards, it argues that while BNSS modernises procedure, systemic reforms in police accountability and judicial review remain indispensable.

Keywords: unlawful detention, police powers, CrPC, BNSS, custodial rights, judicial oversight.