Madras High Court Lays Down Guidelines To Prevent Police Harassment During Investigation, Mandates Written Summons U/S 179 BNSS

Justice GK Ilanthiraiyan held that while courts do not normally interfere with the investigation conducted by police officers, it could also not turn a blind eye to harassment by police officers under the guise of investigation.

“This Court, exercising its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, normally would not interfere with the investigation conducted by a police officer. Nevertheless, it would also not turn a blind eye to instances of harassment by the police under the guise of investigation is brought to its notice,” the court said.

The court thus directed the police to issue written summons to a person under Section 179 BNSS, specifying the particular date and time for appearing before the police for enquiry/investigation. The court further directed that the minutes of the enquiry should be recorded in the general diary/station diary or the daily diary of the police station.

The court also directed the police officer to refrain from harassing the persons called for enquiry/investigation. The court also directed the police to strictly follow the guidelines laid down by the Supreme Court in the case of Lalitha Kumari for preliminary enquiry or registration of FIR.

The court was hearing a plea by Raja, seeking directions to the police not to harass him. Raja had argued that the police had been harassing him under the guise of enquiry/investigation and thus invoked the inherent powers of the court, seeking direction to the police.

The court noted that Investigating Officers have unfettered power to investigate and enquire into a cognisable or non-cognisable offence as long as such powers are exercised within the framework of Chapter XIII of the BNSS.

The court also noted that though the new code empowers the Magistrate to be a guardian in all the stages of the police investigation, there is no power allowing the Magistrate to interfere with the actual investigation or the mode of investigation.

In the present case, the court noted that the petitioner had alleged harassment by police officers. The court observed that the term harassment itself has a wide meaning and thus, what is harassment to the petitioners may not be the same to the police officer.

Thus, to prevent circumstances of police harassment, the court laid down the guidelines as above and closed the plea.

Counsel for Petitioner: M/s. L. Infant Dinesh

Counsel for Respondents: Mr. R. Ganesh Kumar Counsel for Government

Case Title: R Raja v The Commissioner of Police and Others

Citation: 2026 LiveLaw (Mad) 373

Case No: WP Crl No. 1891 of 2026