Supreme Court explains that Section 175(4) of the BNSS adds safeguards for public servants before a Magistrate orders an FIR

22 October 2026

The Supreme Court explained on 21 October 2026 that Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita expands the safeguards available to a public servant before a Magistrate orders an investigation.
The provision requires a report from the public servant's superior officer and consideration of the public servant's assertions.
The Court said the erstwhile Section 156(3) of the Code of Criminal Procedure had no comparable requirement.
The bench of Justice Joymalya Bagchi and Justice V Mohana was hearing Pinarayi Vijayan v Adv K M Shajahan, SLP(Crl) No. 20437/2026.
The Court said the reference to Section 175(4) was not a view on the merits of the case before it.