NEW DELHI: The Supreme Court has ruled that a complaint seeking a court-ordered probe against a public servant under the Bharatiya Nagarik Suraksha Sanhita (BNSS) cannot be oral and must be in writing.
While interpreting Section 175 of the BNSS, a bench of Justices Dipankar Datta and Manmohan said that Section 175(4), a provision added under the BNSS, must be read in conjunction with Section 175(3), which requires an affidavit.
Noting that the provision cannot be interpreted in a manner that weakens procedural safeguards at the threshold stage of criminal process, the court said that the statutory definition of “complaint”, which includes oral complaints, cannot be mechanically applied under Section 175(4).
It held that once a magistrate orders under Section 175(4), it cannot be challenged through a writ under Article 226.