BNSS Vs. CrPC: Key Changes In Magistrate’s Role Under Section 175(3) Explained By Supreme Court  

Supreme Court Clarifies Magistrates’ Powers Under New Criminal Law in Om Prakash Ambedkar v. State of Maharashtra

 

In a significant ruling, the Supreme Court of India has reinforced stricter scrutiny in directing police investigations under the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The verdict, delivered by Justices J.B. Pardiwala and R. Mahadevan in Om Prakash Ambedkar vs. State of Maharashtra & Ors. (Criminal Appeal No. 352/2020), quashed a Magistrate’s order that had directed a police investigation under Section 156(3) of the old Code of Criminal Procedure, 1973 (CrPC), now replaced by Section 175(3) of BNSS.

 

Case Background

 

The case originated from a complaint by Advocate Nitin Devidas Kubade, who alleged that police officer Om Prakash Ambedkar had assaulted and threatened him in 2011. After the police refused to register an FIR, he approached the Judicial Magistrate First Class, Digras, who ordered an investigation under Section 156(3) CrPC. The Bombay High Court upheld this decision, prompting Ambedkar to appeal to the Supreme Court.

 

Supreme Court’s Ruling

 

The Court overturned both the Magistrate's and High Court’s orders, emphasizing that:

 

1. Magistrates must assess the complaint carefully – They cannot mechanically order an investigation without determining if the complaint discloses a cognizable offence.

 

 

2. Abusive language alone is not a crime under Section 294 IPC – The Court reaffirmed that only obscene words with a sexual connotation constitute an offence.

 

 

3. Mere threats do not amount to criminal intimidation – For charges under Sections 504 and 506 IPC, there must be a genuine threat of harm or breach of peace.

 

 

 

The Court criticized the casual use of Section 156(3) CrPC, stating:

 

> "A Magistrate is not a mere post office. A judicial approach is essential before ordering a police investigation."

 

 

 

Impact of BNSS, 2023 on Magistrates' Powers

 

The ruling gains importance as BNSS introduces stricter safeguards for ordering investigations under Section 175(3), replacing Section 156(3) CrPC:

 

1. Prior Application to Superintendent of Police (SP) – Before approaching a Magistrate, complainants must first apply to the SP and submit proof.

 

 

2. Magistrates Must Conduct a Preliminary Inquiry – Unlike the CrPC, where investigations could be ordered based on a prima facie case, BNSS requires Magistrates to conduct an inquiry first.

 

 

3. Consideration of Police Submissions – Before directing an investigation, Magistrates must review police reasons for refusing to register an FIR.

 

 

 

Additionally, Section 175(4) BNSS adds extra protection for public servants, requiring a report from a senior officer before an investigation is permitted.

 

Key Takeaway

 

This judgment sets a precedent for stricter judicial scrutiny before ordering police investigations, ensuring that frivolous complaints do not burden law enforcement. With the new safeguards in BNSS, 2023, the decision strengthens procedural fairness and prevents misuse of the legal system.