BNSS Requires Magistrate to Consider Police Officer’s Reasons for FIR Refusal to Ensure a Reasoned Order : Supreme Court
The Supreme Court, in Om Prakash Ambadkar v. State of Maharashtra & Ors., criticized the routine use of Section 156(3) Cr.P.C. for ordering police investigations, emphasizing that magistrates must act judicially, not mechanically. The Court clarified that a magistrate should direct police investigation only when necessary to prevent injustice, rather than automatically forwarding cases to the police.
A bench of Justices J.B. Pardiwala and R. Mahadevan set aside the Bombay High Court’s Nagpur Bench decision, which upheld a magistrate’s order to register an FIR against a police officer under IPC Sections 323, 294, 500, 504, and 506. The complainant, an advocate, alleged assault and humiliation by the officer and, after police refusal to register an FIR, approached the magistrate under Section 156(3) Cr.P.C. The magistrate granted the request, and the High Court refused to interfere.
The Supreme Court, after analyzing the allegations, held that they did not constitute the alleged offenses, nor did they warrant police investigation. It ruled that the magistrate erred in ordering FIR registration under Section 156(3) since the allegations, even if true, did not necessitate police involvement.
Addressing the changes introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Court noted the additional safeguards in Section 175 (corresponding to Cr.P.C. 156). Section 174(4) introduces protections for public servants, including a report from their superior officer before FIR registration. BNSS Section 175(3) adds three key safeguards absent in Cr.P.C. 156(3):
1. Mandatory application to the Superintendent of Police, with an affidavit.
2. Magistrate’s power to conduct an inquiry before ordering FIR registration.
3. Requirement for the magistrate to consider the police officer’s reasons for refusing to register an FIR.
These provisions enhance accountability and ensure a more judicial approach to FIR registration. Consequently, the Supreme Court allowed the appeal and quashed the magistrate’s order.