Why in the News
The Supreme Court has clarified that State Governments cannot simply withdraw or cancel FIRs against student protesters through executive orders. Criminal proceedings can end only through procedures provided under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
What is a First Information Report (FIR) under the BNSS?
- Definition: An FIR is the first written record of information relating to a cognizable offence received by the police.
- Purpose: It sets the criminal investigation in motion under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
- No Executive Power: A government cannot cancel or erase an FIR through an executive order. Only the subsequent criminal proceedings can be terminated through legal procedures.
Route 1: Closure Report
- Provision: If the police find insufficient evidence during investigation, they may submit a closure report before the jurisdictional Magistrate under Section 193 of BNSS.
- Judicial Scrutiny: The Magistrate is not bound to accept the report and may order further investigation or take cognizance.
- Key Case: Abhinandan Jha v. Dinesh Mishra (1967) affirmed the Magistrate’s independent powers.
Route 2: Withdrawal from Prosecution
- Provision: Under Section 360 of BNSS, the Public Prosecutor, with the court’s consent, may withdraw from prosecution before judgment.
- Independent Decision: The request must reflect the prosecutor’s own assessment and not merely government instructions.
- Court’s Role: The court must ensure the withdrawal is in good faith and public interest.
- Victim’s Rights: The victim must be given an opportunity to be heard.
- Key Case: Sheonandan Paswan v. State of Bihar (1986).
Route 3: Quashing by the High Court
- Provision: Section 528 of BNSS preserves the High Court’s inherent powers to prevent abuse of process and secure the ends of justice.
- Direct Remedy: An accused person may directly approach the High Court for quashing of criminal proceedings.
- Limited Use: Courts have consistently held that this power should be exercised sparingly, particularly while investigation is ongoing.
Important Judicial Precedent
- Baroda Dynamite Case (1980): The Supreme Court upheld withdrawal of prosecutions arising from the Emergency period.
- Principle: Withdrawal may be justified where it promotes public peace, reconciliation and good governance, provided legal safeguards are followed.