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. File Photo | ANI
Nation

SC sets ‘written plaint’ limit for public servants

It held that once a magistrate orders under Section 175(4), it cannot be challenged through a writ under Article 226.

Suchitra Kalyan Mohanty

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.

Makkalidam Sel: Vijay's whistle and the three-horse race that is the upcoming TN election

How global turbulence drove India–EU convergence, made FTA a strategic necessity

Children served mid-day meal on torn notebook pages, waste paper in MP's Maihar on Republic Day

Textile sector elated as India gets duty-free access to European markets

Husband’s income details can’t be denied to estranged wife, rules CIC

SCROLL FOR NEXT