Supreme Court Reinforces Sequential Framework for FIR Registration

The Supreme Court emphasized high courts cannot direct FIR registration without exhausting statutory remedies. It highlighted the discretionary nature of jurisdiction under Article 226, advising recourse to the structured framework provided by the Bharatiya Nagarik Suraksha Sanhita, 2023. The judgment concerned a challenge to a Bombay High Court order.

The Supreme Court of India ruled on Monday that high courts should not order State authorities to register an FIR without petitioners first exhausting statutory alternatives. This clarification comes as the Court highlighted that Article 226, while broad, is not to be invoked easily.

The judgment emphasized that the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, lays out a clear procedural path for addressing grievances related to FIR non-registration. If the police refuse to register an FIR, escalations must be made through the proper channels within the statutory framework.

This decision arose from a challenge to a Bombay High Court ruling that ordered FIR registration against individuals without following the prescribed legal pathways under BNSS. The Supreme Court set aside the high court's order, reiterating the need for adherence to available statutory remedies.