The Supreme Court has criticized the frequent and mechanical use of Section 156(3) Cr.P.C. by magistrates to order police investigations. It emphasized that magistrates must exercise judicial discretion instead of acting as a mere post office. Any order directing an FIR must be based on necessity and not issued automatically.
Magistrates Must Assess Whether Police Investigation is Needed
The Court clarified that magistrates should only order a police investigation when it is genuinely required. If a complaint involves straightforward allegations that the court can directly try, the magistrate should proceed with recording evidence rather than directing an FIR. However, if the case is complex and requires police expertise, only then should an investigation be ordered.
In this case, an advocate accused a police officer of assault and humiliation. When the police refused to register his complaint, he approached the magistrate under Section 156(3) Cr.P.C., who directed the police to file an FIR. The Supreme Court ruled that the allegations did not justify an FIR and criticized the magistrate for failing to assess whether police intervention was necessary.
Key Changes Under BNSS 2023 Strengthen Safeguards
The Court also highlighted important reforms introduced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which add safeguards to prevent misuse of Section 156(3). These changes ensure that FIR registration follows a structured and justified process.
First, complainants must now apply to the Superintendent of Police before approaching the magistrate. This application must include an affidavit. Second, magistrates now have the authority to conduct an independent inquiry before ordering an FIR. Third, magistrates must consider the reasons provided by the police for refusing to register an FIR before issuing any direction.
Conclusion
The Supreme Court ruled that magistrates must not order FIR registration under Section 156(3) Cr.P.C. without proper justification. The judgment reinforces the need for judicial discretion and prevents the misuse of legal provisions for unnecessary FIRs.
