Private Complaint-- Inquiry Before Investigation--Under Section 175(3) BNSS Is A Judicial Function Of Magistrate --Mechanical Direction To Police To Inquire And Submit Report Without Independent Judicial Satisfaction Is Legally Unsustainable
Under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate cannot delegate the statutory inquiry to the police before directing investigation. The expression "inquiry" under the BNSS refers to an exercise to be conducted by a Magistrate or Court, not by the police. Before directing investigation, the Magistrate must independently satisfy a twin test — first, whether the complaint discloses a cognizable offence, and second, whether sufficient grounds exist to proceed with investigation. The inquiry is a limited judicial exercise and cannot be outsourced. Section 175(3) also mandates a prior approach to the police hierarchy, a mandatory affidavit, and consideration of reasons for refusal to register an FIR.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
