To curb misuse of bail laws, the Madhya Pradesh High Court orders mandatory injury photos by police and doctors. This follows repeated downgrading of serious crimes to petty offences to help accused get quick bail.
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MADHYA PRADESH: In a recent and impactful ruling dated July 17, 2025, the Madhya Pradesh High Court, while hearing a matter under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (earlier Section 438 of CrPC), made crucial observations regarding a growing trend of procedural misuse by police authorities during the early stages of criminal investigations.
The case involved an anticipatory bail application that was eventually withdrawn by the applicants with liberty to surrender before the Trial Court. However, Justice Subodh Abhyankar, before parting with the case, took serious note of how police officers across the state were deliberately registering grave offences under minor sections to enable the accused persons to obtain bail with ease.
The court emphasized that despite the injured persons having suffered grievous injuries that required immediate hospitalization, the police had filed the FIR under lesser charges such as Sections 296, 115(2), 351(3), 118(1), and 3(5) of BNSS, sections broadly equivalent to IPC 294, 321, 503, 324, and 34 respectively.
This contradiction was highlighted further when the police, in response to the Court’s inquiry, submitted a report stating that due to the nighttime circumstances and severity of injuries, the victims were rushed to the hospital without any photographs being taken, either by the police, private persons, or even the attending doctors.
The Court found this explanation unsatisfactory and indicative of a wider malpractice wherein police avoid documenting injuries properly, thereby allowing accused persons to claim bail under lesser offences. The High Court strongly condemned this as an obvious misuse of the Supreme Court’s ruling in Arnesh Kumar vs. State of Bihar (2014), which was intended to prevent unnecessary arrests in cases punishable with imprisonment up to seven years.
However, it is now being exploited to justify not arresting accused individuals even in cases involving serious bodily harm.
Acknowledging this problematic pattern, the Court issued clear and binding directions. It mandated that in every criminal case involving physical injuries, both the investigating police officers and the medical professionals treating the injured must take clear photographs highlighting the nature and extent of injuries.
This would help the Court independently evaluate the seriousness of the injuries and identify any attempts by the parties to play foul. The Court further directed that this order be implemented in all relevant criminal cases across the state and communicated to the Director General of Police, Madhya Pradesh, and the Office of the Advocate General for proper circulation and compliance.
Case Title: Seetu and Others vs The State of Madhya Pradesh
MISC. CRIMINAL CASE No. 29212 OF 2025
READ ORDER HERE
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