Court Directs Strict Adherence to Procedural Law for Non-Cognizable Offences Under BNSS 2023
In a significant ruling, the Allahabad High Court quashed a summoning order in a case involving non-cognizable offences under Sections 504 and 507 of the Indian Penal Code (IPC), reiterating the procedural requirements under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The judgment, delivered by Justice Praveen Kumar Giri, emphasized the necessity of treating non-cognizable offences as complaint cases, thereby mandating adherence to established procedural law.
The case, titled "Umme Farva v. State of U.P.," revolved around allegations of defamation and threats made via social media, leading to an FIR being filed against the applicant, Umme Farva. The FIR, registered under Sections 504 and 507 IPC, was challenged on grounds of procedural lapses, as these sections pertain to non-cognizable offences.
The court highlighted that the cognizance taken under Section 190(1)(b) of the Criminal Procedure Code (CrPC) for non-cognizable offences was erroneous. It stressed that the Magistrate should have treated the final report as a complaint, following the procedure applicable to summons cases. The court further noted the violation of Article 21 of the Constitution, which guarantees the right to life and personal liberty, due to procedural irregularities.
In its detailed order, the court directed Judicial Magistrates to ensure that final/closure reports in non-cognizable offences are accompanied by written complaints under Sections 212 and 217 of BNSS (corresponding to Sections 177 and 182 IPC) against informants providing false information. The judgment also mandated that police authorities and judicial officers strictly adhere to procedural law, warning that non-compliance could amount to contempt of court.
The court's decision underscores the importance of procedural accuracy in the criminal justice system, particularly in handling non-cognizable offences. The directives aim to prevent misuse of legal processes and uphold the principles of justice.
Bottom Line:
Non-cognizable offences under Sections 504 and 507 IPC must be treated as complaint cases, and the procedure for such cases under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or CrPC should be followed. Final/closure reports must be accompanied by written complaints under Sections 212 and 217 BNS (corresponding to Sections 177 and 182 IPC) against informants providing false information.
Statutory provision(s): Sections 190(1)(a), 190(1)(b), 215(1)(a), 212, 217, 223, 227 of BNSS 2023; Sections 504, 507, 177, 182 IPC; Article 21 of the Constitution; Section 195(1)(a) CrPC.
Umme Farva v. State of U.P., (Allahabad) : Law Finder Doc Id # 2837914
