The Bombay High Court criticised police for conducting leisurely preliminary inquiries in violation of the law, saying “utter disregard of law”. It questioned the Centre on failure to enforce the mandatory 14-day timeline for FIR-related inquiries under the BNSS.
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MUMBAI: The Bombay High Court has criticised the police for conducting “leisurely” preliminary inquiries in blatant violation of the law and has questioned the Union Ministry of Home Affairs (MHA) over non-compliance with the mandatory 14-day timeline for such inquiries.
A division bench comprising Justices Ajey S. Gadkari and Ranjitsinha R. Bhonsale, in an order passed on December 10, observed that police stations under its jurisdiction were routinely ignoring statutory provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which came into force on July 1, 2024.
The court noted that despite Section 173(3)(i) of the BNSS clearly mandating that preliminary inquiries must be completed within 14 days, police authorities were stretching such inquiries over several months.
“We regularly come across cases where police personnel are conducting preliminary enquiries leisurely as per their own whims and caprices and in utter disregard to the mandate of law,”
the bench remarked.
The judges further questioned whether police officers were unaware of the new law or were deliberately choosing not to follow it.
“Either the police personnel are not aware that the Government of India has enacted BNSS, 2023, or they are deliberately not following the mandatory provisions,”
the court observed.
The observations came while the court was hearing a petition filed by Kundan Jaywant Patil, through advocates Uday Warunjikar and Ayush Pasbola. Patil had approached the High Court seeking directions to the police to register an FIR based on his complaint submitted in October to the Kashimira police station in Mira Road (East), Thane district.
Patil alleged that despite repeated follow-ups, the police failed to register an FIR and instead continued with an indefinite preliminary inquiry.
Background of the Case
During the hearing, the court was informed that in August, a woman named Surekha Narkhede had filed a complaint against Patil and others. Based on her complaint, the police issued summons to Patil and other accused persons, and the inquiry into that complaint is still ongoing.
The court took serious note of the fact that while Patil’s complaint was not being acted upon, another inquiry against him had been pending for months, raising concerns about fairness and procedural compliance.
In a crucial move, the Bombay High Court sought clarity from the Union Ministry of Home Affairs on whether the 14-day limit under BNSS applies to all police stations within its jurisdiction.
The court asked:
- Whether the BNSS mandate is binding on all police stations under the Bombay High Court
- If yes, why has the provision not been followed “strictly and sincerely”
The bench allowed the petitioner to implead the Ministry of Home Affairs as a respondent in the case.
The High Court directed Patil’s counsel to inform the Office of the Additional Solicitor General (ASG) of India, Western Region, and sought the ASG’s assistance during the next hearing scheduled for December 19.
