SUPERIOR’S REPORT UNDER SECTION 175(4) BNSS

Case Overview

In XXX v. State of Kerala & Ors, the Supreme Court examined the scope and application of Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 . The Bench comprising Justice Dipankar Datta and Justice Manmohan dealt with allegations of sexual assault against police officers raising crucial questions on procedural safeguards when offences are alleged against public servants in discharge of official duties .

Key Aspects

The case presented a complex intersection of serious criminal allegations and statutory protection afforded to public servants . The Court analysed the factual background to determine how far procedural safeguards under BNSS must be followed at the pre-investigation stage .

A woman alleged sexual assault by police officers during the pursuit of a property dispute complaint .

Police filed a report terming the allegations as untrue .

The Judicial Magistrate invoked section 175(4) BNSS and sought a report from the superior officer .

High Court Single Judge bypassed the procedure; Division Bench restored the Magistrate’s approach .

Legal Insights

The judgment provides authoritative clarity on the interpretation of Section 175 BNSS and its sub-sections . It balances protection against frivolous prosecution with accountability of public servants, while emphasising judicial discretion .

Section 175(4) BNSS: Use of the word “may” denotes discretion, not compulsion for Magistrates .

Section 175(3) BNSS: Applies where the alleged act bears no reasonable nexus with official duties .

Mandatory affidavit requirement read into Section 175(4) harmonised with Section 175(3) BNSS and Section 333 BNSS (as per Priyanka Srivastava v. State of UP) .

Magistrate may proceed if superior officer’s report is delayed beyond reasonable time .

Court’s Verdict

The Supreme Court upheld the Division Bench decision holding that the Magistrate rightly followed section 175(4) BNSS . It ruled that interference under Article 226 of Constitution of India was unwarranted during pending statutory proceedings . The matter was remitted to the Magistrate to first verify the affidavit requirement and then proceed in accordance with Section 175 BNSS reaffirming judicial discretion and procedural safeguards .

The LawGist ensures exam success with quality notes—TPL, Current Affairs, Recent Judgments, and more. Backed by trusted resources and videos, The LawGist is every aspirant’s first choice.