Court emphasizes strict adherence to summons procedures and Lalita Kumari guidelines, while upholding police's investigative powers within legal framework
In a significant judgment dated October 15, 2026, the Madras High Court, presided over by Mr. G.K. Ilanthiraiyan, J., addressed concerns regarding alleged police harassment during ongoing enquiries. The Court was hearing Criminal Original Petition No. 15130 of 2026 filed by Varadhan and others against the State represented by the Superintendent of Police, Chengalpattu District.
The petitioners complained that the police were harassing them under the guise of investigation based on a complaint made against them. The Court acknowledged the unfettered powers of police officers to conduct enquiries into cognizable and non-cognizable offences under Chapter XIII of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. However, it also recognized the need to protect citizens from potential misuse of police powers resulting in harassment.
The Court clarified that ordinarily, it would not interfere with police investigations under Section 528 of the BNSS, 2023, which grants inherent powers to the High Court. Nonetheless, it would not ignore genuine allegations of harassment brought before it.
To strike a balance between the police's investigatory role and citizens' protection, the Court issued important procedural safeguards:
1. Written Summons Requirement: Police officers must issue written summons under Section 179 of the BNSS, specifying a particular date and time when a person named in a complaint or a witness is required to appear for enquiry or investigation. This formalizes the process and prevents arbitrary call-ups.
2. Recording of Enquiry Minutes: The minutes of such enquiries must be recorded diligently in the general diary, station diary, or daily diary maintained at the police station. This ensures transparency and accountability in the investigative process.
3. Prohibition of Harassment: Police officers are strictly directed to refrain from harassing persons summoned for enquiry or investigation. The Court noted that the term `harassment' is broad, and what may seem routine to police could be perceived as harassment by individuals, hence the need for clear guidelines.
4. Compliance with Lalita Kumari Guidelines: The Court reiterated the binding nature of the Supreme Court's landmark decision in Lalita Kumari v. Government of Uttar Pradesh (2014 (2) SCC 1), which laid down procedural safeguards for preliminary enquiry and registration of First Information Reports (FIRs). Police authorities must strictly adhere to these guidelines to ensure fair investigation practices.
The Court disposed of the petition with these directions, emphasizing that while investigation is a vital function of the police, it must be conducted within the legal framework without causing undue hardship or harassment to individuals.
This judgment is expected to serve as a precedent for police conduct during investigations across Tamil Nadu and beyond, reinforcing the balance between law enforcement and protection of citizens' rights under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bottom Line:
Police enquiry/investigation cannot be interfered with ordinarily under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but Court can issue safeguards to prevent harassment; police must issue written summons under Section 179 BNSS, record enquiry minutes in station diary, avoid harassment, and follow Lalita Kumari guidelines regarding preliminary enquiry/FIR.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 528, 179
