Legal Provisions Involved: Sections 173, 175(3) and 175(4) of BNSS, 2023.

Judgment by: Supreme Court of India

Judge/Bench: Justice Dipankar Datta & Justice Manmohan

Facts

A complaint was filed asking the Magistrate to order an FIR and investigation against police officers for offences allegedly committed while performing official duty. The Magistrate followed Section 175(4) and asked a senior officer for a report. The High Court gave mixed rulings, so the matter went to the Supreme Court to clarify the law.

Key Legal Provisions

Sections 173, 175(3) and 175(4) of BNSS, 2023.

Issues Raised

Is an affidavit still necessary when action is taken under Section 175(4)? Or can the Magistrate skip it?

Arguments of the case

One side said Section 175(4) is special and works on its own. The other side said it only adds protection and does not remove the affidavit rule.

Judgment

The Supreme Court said an affidavit is compulsory. Section 175(4) does not stand alone. It only adds extra safeguards. So, before ordering an investigation against a public servant, both steps must be followed. This prevents false or careless complaints.

Click here to VIEW the full judgement.