Astitva Pratap Singh, Jindal Global Law School
“A day after the Supreme Court issued a notice to the Delhi Police on a plea seeking registration of an FIR against Wrestling Federation of India (WFI) president Brij Bhushan Singh, the Delhi Police submitted that a preliminary enquiry would be needed before a case is registered over the sexual harassment allegations levelled by wrestlers” (Hindustan Times).1 The idea of a preliminary enquiry before registering FIRs seems noble enough at first; a quick review of allegations to see if they merit more inquiry. This concept was only a judge made procedure until recently before gaining statutory recognition under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.2 The original intended purpose of this concept was not to verify the veracity of the information received, but only to determine if that information leads to offences that fall under the purview of the penal code. The shortcomings of preliminary inquiries, however, are more than just a small annoyance; as it will be elaborated further, they're essentially an illustration of the inequities and inefficiencies that bedevil our criminal justice system. The statutory recognition of the practice of conducting preliminary inquiries under the Bharatiya Nagarik Suraksha Sanhita (BNSS) in India are fraught with issues that compromise the rights of the complainants and the fairness of the process. Delays, biases, and a lack of transparency in this concept undermine the credibility of the criminal justice system.
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