S. 215 BNSS | Police Can't Directly Register FIR For Offences Concerning Court Proceedings; Court Must Initiate Prosecution: Madhya Pradesh HC

The Madhya Pradesh High Court has held that where offences are alleged to have been committed in or in relation to a court proceeding, the procedure prescribed under Sections 215 and 379 BNSS must be strictly followed, and the court concerned must first apply its mind before issuing any direction for the registration of an FIR by making a complaint in writing."A police officer cannot directly register a crime for offence under Section 215 BNSS once the offence is committed in or in relation to a proceeding in the Court. As per Section 379 BNSS, the Court has to cause preliminary enquiry and then can make a complaint in writing," the Court held.Justice Vivek Jain observed that while a court may seek assistance from the police for the purpose of preliminary inquiry, the statutory discretion as to whether a complaint should be made cannot be bypassed or left entirely to the police authorities.The proceedings arose out of the execution of a money decree passed in favour of the petitioners. During the pendency of a first appeal against the decree, the judgment debtors deposited a sum of ₹35.25 lakhs before the Executing Court pursuant to an interim order.The Executing Court permitted the disbursement of the amount by the decree holders on furnishing a solvent surety. The surety was furnished by one Jugal Kishore regarding agricultural land. Subsequently, it was alleged that the same land had been shown as surety on multiple occasions (as many as 9 times) and that Jugal Kishore himself appeared before the Court and denied having executed or furnished any such surety, alleging impersonation. On the basis of these allegations, the judgment debtors filed an application under Section 379 BNSS seeking prosecution of decree holders and the impersonating surety under various sections of the I.P.C.However, without passing any order on the said application or recording satisfaction as contemplated under the BNSS, the Executing Court directed the police authorities to conduct an inquiry and further observed that if the surety was found to be fraudulent, an FIR be registered and appropriate action be taken.This order was assailed before the High Court.The issue before the High Court was whether, in cases involving alleged offences committed in relation to a court proceeding, the Executing Court could direct the police to register an FIR without first following the procedure prescribed under Sections 215 and 379 of the BNSS and without recording its own satisfaction.The petitioners contended that the impugned order was contrary to the statutory scheme under the BNSS, which requires the Court to first conduct or cause a preliminary inquiry and decide whether it is expedient in the interests of justice to make a complaint. It was submitted that the Executing Court could not delegate this statutory function to the police alone.On the contrary, the respondents supported the order and submitted that in view of the serious allegation of impersonation and fraudulent furnishing of surety, the direction to the police was justified.Hearing the matter, the High Court examined the scheme of Sections 215 and 379 of the BNSS and observed that where an offence is alleged to have been committed in or in relation to a proceeding in a court, cognisance can be taken only in the manner provided under the statute.The Court noted that Section 379 BNSS contemplates that the court concerned must conduct or cause a preliminary inquiry and record its satisfaction before making a complaint. While observing that a court is not precluded from seeking assistance from the police for the purpose of such inquiry, the High Court held that the decision as to whether an FIR should be registered cannot be left to the discretion of the police without the court first applying its mind."A police officer cannot directly register a crime for offence under Section 215 B.N.S.S. once the offence is committed in or in relation to a proceeding in the Court. As per Section 379 B.N.S.S., the Court has to cause preliminary enquiry and then can make a complaint in writing. However, in the present case, the Court has not made any enquiry, nor recorded any prima-facie satisfaction and has simply directed the police authorities to carry out an investigation and submit a report before the Court. Though the Court in its discretion could have directed the police authorities to investigate the matter and to furnish report before the Court, but the discretion to register FIR should not have been left at the discretion of the police authorities. It was for the Court to have applied its mind after receiving the preliminary enquiry report of the police authorities", the Court reasoned.Consequently, in the present case, the High Court found that the Executing Court had not undertaken the exercise contemplated under the BNSS and directed the police to register an FIR if an offence was found, without recording its own satisfaction.In view of the above, the High Court modified the impugned ...

S. 215 BNSS | Police Can't Directly Register FIR For Offences Concerning Court Proceedings; Court Must Initiate Prosecution: Madhya Pradesh HC

Preet Luthra

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