In a landmark ruling aimed at curbing frivolous First Information Reports (FIRs) against speeches, writings, and artistic expressions, the Supreme Court has directed that a preliminary inquiry must be conducted before registering an FIR for offences punishable with imprisonment between three to seven years. This directive was issued to ensure that freedom of speech and expression, a fundamental right under Article 19(1)(a) of the Constitution, remains protected.
The Supreme Court relied on Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows for a preliminary inquiry within 14 days before registering an FIR for certain cognizable offences. The approval of a Deputy Superintendent of Police (DSP) is required before initiating such an inquiry.
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The Court highlighted that some offences related to speech and expressions are covered under Article 19(2) of the Constitution, which permits reasonable restrictions on free speech. To prevent misuse of legal provisions, the Court mandated that when an allegation involves such offences punishable by 3-7 years, the police must conduct a preliminary inquiry before registering an FIR.
A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan made the following observations:
“When an allegation is of the commission of an offence covered by the law referred to in clause (2) of Article 19, and if sub-section (3) of Section 173 is applicable, it is appropriate to conduct a preliminary inquiry to ascertain whether a prima facie case exists. This ensures that the fundamental rights under sub-clause (a) of clause (1) of Article 19 remain protected.”
In applying this principle, the Supreme Court quashed an FIR registered by Gujarat Police against Congress Rajya Sabha MP Imran Pratapgarhi. The case pertained to his Instagram post featuring a video clip with the poem “Ae khoon ke pyase baat suno” playing in the background.
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The Court also ruled that while handling cases under Section 196 of the Bharatiya Nyaya Sanhita (BNS), which deals with words promoting enmity between communities, the police must assess the actual impact of the words before registering an FIR.
“A police officer must read or hear the words in question and determine whether they constitute a cognizable offence under Section 196, 197, 299, or 302 of the BNS. This evaluation does not amount to an impermissible preliminary inquiry.”
The Court explained the difference between the BNSS and the Code of Criminal Procedure (CrPC), stating that while Section 154 of the CrPC made FIR registration mandatory upon receiving credible information about a cognizable offence, Section 173(3) of the BNSS introduces an important safeguard:
“Section 173(3) marks a significant departure from CrPC. It allows a preliminary inquiry before FIR registration for offences with imprisonment of 3-7 years, ensuring legal processes are not misused.”
This provision acts as a safeguard against frivolous complaints, preventing the arbitrary registration of FIRs.
Case no. – Crl.A. No. 1545/2025
Case Title – Imran Pratapgadhi v. State of Gujarat
