Court Directs Union Home Department to Ensure Implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023 Across Maharashtra Police Stations
In a significant judgment passed on December 10, 2025, the Bombay High Court has emphasized the necessity for police stations within its jurisdiction to adhere strictly to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The court directed the Union Home Department to clarify its stance on the enforcement of BNSS provisions and ensure their implementation across all police stations under its purview. This directive was part of a writ petition filed by Kundan Jaywant Patil against the State of Maharashtra, seeking the registration of an FIR based on his complaint dated October 8, 2025.
The division bench comprising Justices A.S. Gadkari and Ranjitsinha Raja Bhonsale underscored the mandatory requirement under Section 173(3)(i) of BNSS, which stipulates that police must complete preliminary enquiries within 14 days to ascertain the existence of a prima facie case. The court observed that this statutory mandate was being disregarded, as evidenced by numerous cases where preliminary enquiries were conducted leisurely, extending over months.
The judgment highlighted the need for police officers to either familiarize themselves with the provisions of BNSS, effective from July 1, 2024, or ensure they are not deliberately ignored. This comes in response to ongoing delays in the complaint investigation process at the Kashimira Police Station in Mira Road (East), where a complaint against the petitioner and others, filed by Ms. Surekha Narkhede, has been pending since August 2025.
In issuing its directive, the court has granted the petitioner permission to include the Union of India, through its Home Department, as a party respondent in the case. The court has ordered the amendment to be carried out promptly and has set a returnable date of December 19, 2025, for the issuance of a notice to the newly added respondent.
The judgment also permits the petitioner to inform the office of the Additional Solicitor General of India, Western Region, to seek assistance in the matter. This judicial intervention aims to ensure that police stations comply with the BNSS provisions, thereby expediting justice delivery and upholding the rule of law.
The ruling represents a crucial step towards enforcing legislative mandates designed to streamline police procedures and enhance accountability. It places a significant responsibility on the Union Home Department to oversee the proper implementation of BNSS, 2023, thereby fostering a more efficient and transparent law enforcement system.
Bottom Line:
Police must strictly adhere to the mandatory provisions under Section 173(3)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandating the completion of a preliminary enquiry within 14 days. Non-compliance or delay is in utter disregard of the mandate of law.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 173(3)(i)
Kundan Jaywant Patil v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2823436
