Bench emphasises strict compliance with Sections 215 & 379 of BNSS, requiring courts to first apply mind and initiate prosecution before FIR registration.
Jabalpur, Madhya Pradesh: The Madhya Pradesh High Court has held that when an offence is alleged to have been committed in or in relation to a court proceeding, the police cannot directly register a First Information Report (FIR). The Court clarified that the statutory procedure entrenched in Sections 215 and 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 must be followed, and the concerned court must first apply its mind and initiate prosecution before directing FIR registration.
Court & Bench
- Court: Madhya Pradesh High Court
- Judge: Justice Vivek Jain
- Date of Judgment: 24 January 2026
- Statutes Under Consideration: Sections 215 and 379, BNSS, 2023 (which governs offences connected to court proceedings).
Background of the Petition
The High Court’s ruling arose from a writ petition challenging the legality of a police direction to register an FIR in a matter where the alleged offences were connected with judicial proceedings. The respondents justified the registration on the basis that offences, including impersonation and furnishing fraudulent sureties, were serious in nature. They contended that direction to the police to register an FIR was justified by the gravity of allegations.
Legal Issue
The principal question before the High Court was whether the police can independently register an FIR under BNSS when the alleged misconduct is related to a court case, or whether the statutory scheme prescribes a different approach involving judicial oversight before FIR registration.
Final Ruling
The High Court held that:
- Police officers lack the authority to directly register an FIR under BNSS for offences alleged to have been committed in or in relation to court proceedings.
- Sections 215 and 379 of BNSS establish a special regime for such cases.
- Under Section 379 BNSS, the court must undertake a preliminary inquiry and, if satisfied, file a written complaint to enable prosecution and subsequent FIR registration.
The Court emphasised that these provisions require strict compliance with the statutory framework and that judicial engagement is mandatory before an FIR can be registered in such contexts.
Court’s Reasoning
- Statutory Scheme: The High Court examined the legislative scheme of BNSS, noting that Sections 215 and 379 outline a comprehensive mechanism for offences tied to court proceedings, distinct from ordinary police powers of FIR registration.
- Judicial Prerogative: The Bench observed that the statute contemplates judicial oversight to prevent misuse and to frame the complaint appropriately. A police officer cannot usurp that jurisdiction simply based on allegations arising out of court-related activities.
- Purpose of Provisions: The Court underscored that the objective of the statutory scheme is to safeguard the integrity of court proceedings while ensuring proper prosecution where warranted.
Legal Context
This judgment aligns with the broader BNSS framework that has been increasingly delineated by courts across India. BNSS, effective from mid-2024, introduced structured procedural safeguards and timelines for police action, including the concept of Zero FIR under Section 173 BNSS and delineated stages of investigation and prosecution.
High Courts nationwide, including Kerala and Bombay, have grappled with BNSS-related FIR registration issues, emphasizing adherence to statutory mandates like preliminary inquiries and proper jurisdictional compliance.
Practical Implications
- For Police Authorities: This ruling reinforces that in cases where alleged offences arise in connection with judicial proceedings, the police must await a judicial complaint before registering an FIR, ensuring compliance with BNSS processes.
- For Litigants & Lawyers: Parties alleging misconduct in court matters must approach the court to complete preliminary inquiry steps before expecting police action.
- For Judicial Administration: The ruling safeguards the integrity of court processes by mandating judicial oversight and discouraging premature police registration, which might disturb ongoing proceedings.
The judgment adds clarity on the statutory procedure under BNSS for handling allegations against court-related conduct, affirming that FIRs in such matters cannot be directly registered by police without prior application of judicial mind and written complaint as prescribed under Sections 215 and 379.
