Case Note & Summary
The Supreme Court addressed a criminal appeal involving interpretation of Section 175(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) -- The appellant alleged she was sexually assaulted by three police officers on separate occasions in 2022 while pursuing a property dispute complaint -- She filed applications under Section 210 BNSS seeking FIR registration -- The High Court Single Judge held Section 175(4) compliance was not mandatory as rape could not be regarded as act in discharge of official duties -- The Division Bench reversed this decision -- The Supreme Court analyzed the interplay between sub-sections (3) and (4) of Section 175 BNSS -- The Court held Section 175(4) is not standalone and provided guidance for Judicial Magistrates on when to invoke the provision -- The judgment establishes principles for determining whether alleged acts of public servants were in discharge of official duties.
Headnote
A. Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 175(3) & 175(4) — Complaint against public servant — Magistrate’s powers B. Judicial discretion — Determination of “official duty” — Procedural compliance mandatory
Section 175(4) of the BNSS is not a standalone provision and cannot be read in isolation. It must be read conjointly with Section 175(3). Before directing registration of FIR or investigation against a public servant, the Magistrate is required to ensure compliance with the procedural safeguards contemplated under Section 175(3) and then exercise discretion under Section 175(4).
(Paras 16, 17, 18)
Whether the alleged offence was committed in discharge of official duty is a matter to be determined by the Magistrate after following due procedure. The High Court erred in holding that compliance with Section 175(4), BNSS was directory. Matter remanded to the Magistrate for fresh consideration in accordance with law.
(Paras 20, 21, 23)
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: The Issue of interpretation of Section 175(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and its interplay with sub-section (3) -- Whether Section 175(4) BNSS is standalone or requires compliance before FIR registration -- Whether alleged sexual assaults by police officers constitute acts in discharge of official duties
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
The Supreme Court analyzed the interplay between sub-sections (3) and (4) of Section 175 BNSS -- Held that Section 175(4) is not an independent provision -- Provided guidance for Judicial Magistrates under Section 210 BNSS regarding applications alleging offences by public servants -- Established principles for determining when Section 175(4) must be invoked.
