Supreme Court Mandated That A Preliminary Inquiry Must Be Conducted Before Lodging The FIR, If The O

The Supreme Court has ruled that before registering an FIR for offences punishable with imprisonment between three to seven years—especially those related to speech, writing, and artistic expression—a preliminary inquiry must be conducted. This aims to prevent frivolous cases that could stifle free speech.

 

Relying on Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Court clarified that police must seek approval from a Deputy Superintendent of Police (DSP) before initiating such an inquiry, which must be completed within 14 days. The bench of Justices Abhay S. Oka and Ujjal Bhuyan emphasized that this safeguard upholds the fundamental right to free speech under Article 19(1)(a) of the Constitution.

 

The ruling came while quashing an FIR against Congress MP Imran Pratapgarhi, filed over his Instagram post featuring a poem. The Court underscored that before registering an FIR under provisions like Section 196 of the Bharatiya Nyaya Sanhita (BNS), which deals with promoting enmity between communities, the police must assess the actual impact of the words spoken or written.

 

Highlighting a key shift from Section 154 of the CrPC, the Court noted that Section 173(3) of the BNSS allows for a preliminary inquiry even when a cognizable offence is reported, ensuring that legal processes are not misused. This distinction, absent in the previous legal framework, adds an extra layer of scrutiny to prevent unwarranted criminal cases.

 

Ultimately, the Court found no case against Pratapgarhi, even without invoking Section 173(3), reaffirming the judiciary's role in balancing law enforcement with the protection of free expression.

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