Title: Preventive Safeguard Under BNSS | Section 173(3) Preliminary Inquiry Before FIR | Adv. Sanjay Bishnoi
Description: Learn how Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) introduces a preliminary inquiry before FIR registration to prevent misuse of criminal law. Explained by Adv. Sanjay Bishnoi, Criminal & Bail Lawyer, Sirsa.
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The Bharatiya Nagarik Suraksha Sanhita (BNSS) has brought a landmark change through the new proviso to Section 173(3) — aimed at curbing the misuse of criminal law and safeguarding innocent individuals from false or motivated FIRs.
Under this provision, the police must now conduct a preliminary inquiry before registering an FIR in cases where the alleged offence is punishable with imprisonment of up to seven years.
This reform departs from the older Code of Criminal Procedure (CrPC) system, under which FIRs were often filed mechanically — even in civil, matrimonial, or personal disputes disguised as criminal matters.
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Judicial Backing: Imran Pratapgarhi v. State of Gujarat & Anr. (2025 INSC 410)
In a significant ruling, the Supreme Court of India upheld this safeguard, emphasizing that the preliminary inquiry requirement serves the dual purpose of:
• Preventing frivolous or politically motivated FIRs, and
• Reducing unnecessary case backlogs clogging the criminal justice system.
The Court noted that this reform promotes fairness and reinforces citizens’ protection against arbitrary criminal proceedings.
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Key Takeaways
✅ Protection for the Accused:
The preliminary inquiry acts as a filter to prevent harassment and false implication. It ensures that no citizen is subjected to criminal prosecution without sufficient basis.
✅ Higher Bar for Complainants:
Complainants must now produce prima facie material or basic evidence before an FIR is registered — particularly relevant in defamation, economic offences, or property disputes.
✅ Defence Strategy Advantage:
For defence lawyers, the absence of a proper preliminary inquiry can be used strategically in anticipatory bail petitions or quash proceedings (under Section 482 CrPC / Section 530 BNSS).
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Broader Impact of the Reform
This reform strengthens accountability within the police system and enhances trust in the justice process. By ensuring that criminal law is not used as a tool of personal vendetta, the BNSS promotes a culture of fairness, restraint, and responsible prosecution.
In essence, the BNSS has created a preventive layer within the criminal justice framework — protecting citizens’ rights while balancing the interests of justice.
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About the Author
Adv. Sanjay BishnoiConnect on Linkedin
Criminal & Bail Lawyer | Sanjay Bishnoi & Associates
Chamber No. 406 & 460, New Lawyers Chamber Complex,
District & Sessions Court, Sirsa, Haryana
Location
Chamber Number 92 , Lawyers Chamber Complex, District and Sessions Court Fatehabad
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