Key information
Summary
The Supreme Court examined an appeal challenging a Magistrate’s order that directly
instructed the police to register a criminal investigation against state officials upon receiving
a private complaint. The State contended that routine judicial orders directing FIRs against
public servants without preliminary scrutiny undermine administrative stability and violate
statutory immunity mechanisms under the new procedural code.
Interpreting Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 alongside
Article 14 (Protection Against Arbitrary State Action), the Supreme Court established a
“double protection shield” for public functionaries. The Bench observed that while public
accountability is essential, government officers must be protected from frivolous or vindictive
criminal litigation arising out of discharge of official duties. The Court emphasized that
Magistrates cannot act as mere post offices to forward private complaints for police
investigations.
Formulating binding procedural guidelines, the apex court ruled that Magistrates are
mandatorily required to conduct a preliminary inquiry and verify credible material evidence
before issuing directions for FIR registration against public servants under Section 175
BNSS. The Court directed all subordinate courts to strictly adhere to this preliminary filter,
ensuring that public servants receive proper statutory safeguards prior to formal criminal
proceedings.
