Introduction
The Bharatiya Nagarik Suraksha Sanhita is a basic turning point on many aberrant procedural laws based on the CrPC of 1973 from July 1, 2024. Some features of this transition are the role of the magistrate in the registering FIRs extending up to all non-cognizable offences. Very recently, the Supreme Court reiterated the importance of reasoned orders from the magistrate when permitting registration of FIRs under the newly provided framework of BNSS.
Background
This provision is further and generally modified under the BNSS-RXA Section 174 to reinforce the debilitating necessity of having a magistrate’s order before allowing the registering of FIRs for non-cognizable offences. The doctrine, in a reformist endeavor, allows non-judicial oversight, permits arbitrary police action at law, and upholds legal due process intoto so that observers may adequately argue as they do in their case.
The law now goes into explication about the practical issues concerning the subject at hand. They have ruled that Motor Lodge would have meant that registration of an FIR without the magistrate’s permission from the perspective of the police will always be invalid. Hence came the greater need to looking into juridical scrutiny.
Key Points
Substitution of CrPC with BNSS: Bharatiya Nyaya Suraksha Sanhita came in affect from July,2024 changes have been made regarding the enforcement of the system of jurisprudential condemnation.
The Magistrate’s Function in FIR Filing: Under Section 174 of the BNSS, The person whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment, a magistrate with proper jurisdiction can grant permission prior to FIR being filed but his order must justify for the same.
Court Explanations: The Supreme Court and many High Courts have said an FIR filed without a magistrate’s okay isn’t valid. Courts have also stressed that magistrates should give detailed reasons for allowing FIR registration.
Recent Developments
Madras High Court Quashes FIR under Plane Section 303(2) of BNS Mandated Registration of FIR by Police Introduction The Madras High Court recently quashed an FIR under Plane Section 303(2) of the Bharatiya Nyaya Sanhita (BNS) in the case of Jebaraj Jeyaraj v. The State of Tamil Nadu (Crl. O. P. (M. D.) No. 19623 of 2024), while deciding the question whether the police is required to obtain anterior approval from a magistrate before proceeding in the case of non-cognizable offences to conclude that of non-cognizable offences, antecedent approval is required to be obtained by the police from a magistrate. Decision ProcessDecision: “FIR show without such favourable reception is illegal” The court held that, FIR show without such favourable reception will be seen as illegal, this decision process a hit legal precedent for ensuring compliance of the BNSS framework.
The Supreme Court and many High Courts have said an FIR filed without a magistrate’s okay isn’t valid. Courts have also stressed that magistrates should give detailed reasons for allowing FIR registration.
Conclusion
This shift from CrPC to BNSS has been followed by major procedural changes, especially the filing of fir for non-cognizable offences. However, the Supreme Court’s recognition with the argument that magistrate purchase order must be reasoned out fortifies the values of paleness, juridic supervision, and due process. These legal ontogeny help to ensure that law enforcement delegacy cannot recklessly register FIRs, thus = protecting citizens’ rights while also helping to maintain efficacious and lawful criminal investigations.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into the category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by OUM NARANG
