Section 175 BNSS Archives

SC| FIRs Against Public Servants Can’t Be Ordered Just Like That: Magistrates Must Follow Two-Tier Safeguard Under Sections 175(3) & 175(4) BNSS

The Court stated that since Section 175(4) BNSS merely provides an additional protective layer in cases involving public servants, all mandatory procedural requirements governing the exercise of power under Section 175(3), must necessarily be complied with.

Case Briefs High Courts

Magistrate must hear Police Officer and pass reasoned order before ordering investigation under S. 175(3) of BNSS : Orissa HC reiterates

“If the allegations made in the complaint are simple, where the Court can straight away proceed to conduct the trial, the Magistrate is expected to record evidence and proceed further in the matter, instead of passing the buck to the police under Section 156(3) of the CrPC.”

Case Briefs High Courts

Kerala HC strikes down irregular order, cancels directions to Magistrate on probe into rape allegations against Ponnani police officials

“We are aware of the seriousness of the allegations made by the Petitioners in their complaint, however, this appeal raises broader issues that relate to the exercise of independent jurisdiction by the Magistrate.”