Section 179 BNSS | Police Must Issue Written Summons, Record Minutes In Station Diary To Avoid Harassment Alli

• The Madras High Court has laid down guidelines for the police to issue written summons and maintain diary records during enquiries or investigations.
• The guidelines aim to prevent police harassment and ensure that investigations are conducted fairly and without bias.
• The decision draws from the provisions of the BNSS, 2023, and the Supreme Court's precedent in Lalita Kumari vs. Government of Uttar Pradesh and others (2014).
• Lawyers can now provide more informed advice to their clients on how to navigate police investigations without fear of harassment.
• The guidelines are expected to promote transparency and accountability in police investigations.

Numerous petitions complaining of harassment are being reported and filed before this Court seeking for directions to refrain the police officials from harassing the persons named in a complaint.

The Madras High Court has taken a significant step to curb police harassment during investigations by laying down strict guidelines for the police to follow. The guidelines, which were issued in response to a writ petition filed by R. Raja, require the police to issue written summons and maintain diary records of every enquiry or investigation. This move is seen as a crucial step towards preventing police harassment, which has become a growing concern in India. According to data, numerous petitions complaining of harassment are being reported and filed before various courts, including the Madras High Court.

The guidelines issued by the Madras High Court are based on the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which empowers a magistrate to act as a guardian at every stage of a police investigation. However, the Court has clarified that this power does not extend to interfering with the actual investigation or the manner in which it is conducted. The guidelines also draw from the Supreme Court's decision in Lalita Kumari vs. Government of Uttar Pradesh and others (2014), which laid down strict procedures for conducting a preliminary enquiry or registering an FIR. By adhering to these guidelines, the police can ensure that investigations are conducted fairly and without harassment.

The Madras High Court's guidelines have significant implications for lawyers who advise their clients on interactions with law enforcement. With the requirement of written summons and diary records, lawyers can now provide more informed advice to their clients on how to navigate police investigations without fear of harassment. This development is expected to promote transparency and accountability in police investigations, ultimately leading to a safer and more just society.

Lawyers should note that the Madras High Court has laid down strict guidelines to prevent police harassment during investigations, requiring written summons and diary records. This development may impact their advice on client interactions with law enforcement.

Source: Original reporting via The Hindu