From Mandate to Discretion: Re-evaluating the provision for FIR under Section 173 of the BNSS, 2023
- NLR Journal
- 4 days ago
- 1 min read
By Shraddha Seth, National Law University, Odisha*.
Abstract
The First Information Report (FIR) is the inviolable starting point of India's criminal machinery. The law under Section 154 of the Code of Criminal Procedure, 1973, as cemented by the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh, mandated the immediate registration of an FIR upon the disclosure of a cognizable offence to ensure effective access to justice. However, the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) creates a significant jurisprudential shift. Section 173 of the BNSS statutorily empowers the police to conduct a discretionary "preliminary inquiry" for a wide range of offences before registering an FIR, marking a departure from the established mandate.
This paper analyzes this legislative restructuring and its initial judicial interpretation in Imran Pratapgadhi v. State of Gujarat, which suggests a preference for such inquiries in cases having implication on fundamental rights. The findings reveal a deep conflict: while intended as a safeguard against frivolous litigation, the provision grants unchecked discretion that risks becoming a procedural barrier to justice. It creates potential for delays, corruption, and disproportionate harm to marginalized communities who rely on the state for redress. The paper concludes that without a concrete external accountability, this new framework may undermine the victim's right to timely justice, tilting the system away from a victim-centric approach and reintroducing ambiguity at the most critical stage of the criminal process.
* The author has completed her B.A. LL.B. from University Law College, Utkal University & LL.M. from National Law University, Odisha and also qualified UGC-NET in June 2024.
Comments