Indian criminal laws like POCSO and BNS still rely on the old IPC definition of “public servant”, which excludes MPs and MLAs. This creates a legal loophole where elected lawmakers may avoid stricter punishment for serious crimes, raising concerns over accountability and justice.
New Delhi: The Supreme Court of India has ruled that a preliminary inquiry is not mandatory before filing a First Information Report (FIR) against a public servant under the Prevention of Corruption Act, 1988. The court clarified that an accused person cannot demand a preliminary inquiry before an FIR is registered in corruption-related cases.
