Introduction:
Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier was under Section 156(3) CRPC) perhaps plays one of the most important roles in our nation's criminal justice system. This article focusses on the role of Section 175(3) BNSS, its powers, and the impact it has on investigations and proceedings.
Role of Section 175(3) Bharatiya Nagarik Suraksha Sanhita (BNSS):
Section 175(3) BNSS empowers a judicial magistrate to direct a police officer to investigate a cognizable matter when the police fail to register a First Information Report (FIR) or conduct a thorough investigation.
Initiating the Legal Process:
Anyone can initiate the legal proceeding by reporting a cognizable offense to the police. Section 173(1) BNSS mandates the police to reduce such information to writing and file an FIR. However, when the police refuse to file an FIR, victims can turn to Section 175(3) BNSS, empowering the magistrate to intervene and ensure a proper investigation takes place.
Watch JudiX’s 1 minute video lecture on Section 175(3) of BNSS
Magistrate's Authority under Section 175(3) BNSS:
A magistrate, authorized under Section 210 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), can use Section 175(3) BNSS to direct a police officer to investigate a case. This authority is crucial during the pre-cognizance stage, allowing the magistrate to ensure justice even before formally taking notice of an offense.
Distinction between investigations under Section 175(3) BNSS and Section 225 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
The distinction between investigations under Section 175(3) BNSS and Section 225 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) lies in their procedural aspects. While Section 175(3) BNSS empowers magistrates to direct the police to register an FIR and investigate a complaint, Section 225 BNSS allows magistrates to order an inquiry, either by themselves or by a police officer, to decide whether there is sufficient reason to proceed in the case.
Judicial decisions have clarified the provision of the erstwhile Section 156(3) of CRPC which has now been incorporated under section 175(3) BNSS:
In the case of Madhubala v. Suresh Kumar, it was established that when a magistrate orders an investigation under Section 156(3) CRPC (Essence of which is incorporated under Section 175(3) BNSS), the police must treat the complaint as an FIR and proceed with the investigation. However, this investigation doesn't conclude until the police submit a report under Section 173(2) CRPC, allowing the magistrate to decide further action under Section 190(1)(b) of CRPC.
In Srinivas Gundluri & Ors. v. M/s. SEPCO Electric Power Construction Corporation and Ors., it was emphasized that magistrates must consider the validity of the complaint before ordering an investigation under Section 156(3) CRPC to avoid potential misuse.
Additionally, the Supreme Court's stance, as highlighted in Devarapalli Lakshminarayana Reddy v. V Narayana Reddy, emphasizes the discretionary power of magistrates, making it clear that they are not obligated to instruct the police to file an FIR upon receiving a complaint. This discretion allows magistrates to evaluate the merit of each case.
Let us now revisit the article by seeing Frequently Asked Questions (FAQs) on Section 175(3) BNSS
1. What is the role of Section 175(3) BNSS in the criminal justice system?
Section 175(3) BNSS empowers a judicial magistrate to direct a police officer to investigate a cognizable matter when the police fail to register an FIR or conduct a thorough investigation. It serves as a legal recourse for individuals facing unresponsive law enforcement agencies.
2. How can Section 175(3) BNSS be initiated?
Any individual can initiate the legal procedure by reporting a cognizable offense to the police. If the police refuse to file an FIR, victims can turn to Section 175(3) BNSS, allowing the magistrate to intervene and ensure a proper investigation.
3. What authority does a magistrate have under Section 175(3) BNSS?
Authorized under Section 210 of BNSS, a magistrate can use Section 175(3) BNSS to direct a police officer to investigate a case. This authority is crucial during the pre-cognizance stage, allowing the magistrate to ensure justice before formally taking notice of an offense.
4. How does Section 175(3) BNSS differ from Section 225 BNSS?
While Section 175(3) BNSS empowers magistrates to direct the police to register an FIR and investigate a complaint, Section 225 BNSS allows magistrates to order an inquiry to decide whether there is sufficient reason to proceed in the case, either by themselves or by a police officer.
5. What emphasis do judicial decisions place on ordering investigations under Section 175(3) BNSS?
In Srinivas Gundluri & Ors. v. M/s. SEPCO Electric Power Construction Corporation and Ors., it was emphasized that magistrates must consider the validity of the complaint before ordering an investigation to prevent potential misuse.
6. What discretionary power do magistrates have according to the Supreme Court's stance in Devarapalli Lakshminarayana Reddy v. V Narayana Reddy?
The Supreme Court highlights the discretionary power of magistrates in this case, stating that they are not obligated to instruct the police to file an FIR upon receiving a complaint. This discretion allows magistrates to evaluate the merit of each case.
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