Section 175(4) BNSS: the safeguard before probing a public servant
Why in news: On 21 October 2026, the Supreme Court observed that Section 175(4) BNSS expands public servants' safeguards beyond old Section 156(3) CrPC.
Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets a magistrate order investigation of a complaint against a public servant over official duties subject to a report from the officer's superior and the public servant's own version. On 21 October 2026, the Supreme Court observed that it widens safeguards compared with Section 156(3) of the CrPC.
Syllabus: Prelims · Polity & Governance; GS2 · Executive & Judiciary; GS2 · Governance & e-Governance
Why this matters for UPSC
GS2 polity and governance: criminal procedure and the accountability of public servants. Prelims can ask what Section 175(4), Section 218 and Section 17A provide; Mains, how to protect honest officials without shielding wrongdoing.
In short
Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 adds a step before a magistrate orders a probe of a public servant: a superior's report and the official's version.
Section 175(4) should screen out vendetta complaints, not genuine ones: it must stay tied to acts with a real nexus to official duty.
Why it matters
A police officer who seizes a vehicle, or a revenue officer who orders a demolition, often leaves someone angry. Under the old Code, a magistrate could send such a person's complaint to the police for investigation without hearing the official at all. Now the magistrate first reads the superior's account and the official's own explanation, so a complaint filed to settle scores can be weeded out early and honest officers can act without fear of revenge cases. The other side is the citizen who says an official abused power: there is one more step, and the report comes from within the accused officer's own department. The larger question is how criminal law protects honest officials without placing them beyond the reach of an FIR.
Prelims pointers
- Section 175(3) BNSS: before ordering investigation, a magistrate considers an affidavit-backed application, makes any inquiry needed and considers the police officer's submission; Section 156(3) CrPC's text had none.
- Section 173(4) BNSS: a person whose information the police refuse to record may send its substance in writing to the Superintendent of Police, before approaching a magistrate.
- Section 218(1) BNSS (old Section 197 CrPC): no court takes cognizance against a Judge, Magistrate or public servant for acts in official duty without the Government's previous sanction.
- Section 218 provisos: the Government decides a sanction request within 120 days or sanction is deemed granted; none is needed for listed sexual offences under the Bharatiya Nyaya Sanhita, 2023.
- Section 17A, Prevention of Corruption Act, 1988 (from 26 July 2018): police need previous approval to enquire into an offence relatable to a public servant's official recommendation or decision.
- Lalita Kumari (2013), Constitution Bench: if information discloses a cognizable offence, the police have no discretion to refuse to register an FIR.
- Section 173(3) BNSS: for offences punishable with three years or more but under seven years, police may hold a preliminary enquiry within 14 days with a DSP-rank officer's permission.
Practise a UPSC-style question
With reference to Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023, consider the following statements:
1. Under Section 175(3), a magistrate considers an application supported by an affidavit before ordering investigation.
2. Section 175(4) requires a report on the incident from the officer superior to the accused public servant.
3. Section 175(4) carries forward a requirement already contained in Section 156 of the Code of Criminal Procedure, 1973.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Show the answer
Answer: (a) 1 and 2 only
Answer: (a) 1 and 2 only. Both safeguards are in Section 175 BNSS, but Section 175(4) is new.
Statement 1: correct. Section 175(3) BNSS requires an affidavit-backed application, any inquiry needed and the police officer's submission.
Statement 2: correct. Section 175(4)(a) BNSS requires a report of the facts and circumstances from the officer superior to the public servant.
Statement 3: incorrect. Section 156(3) CrPC had no superior's report or hearing of the public servant; Section 175(4) has no CrPC equivalent.
Eliminate: Statement 3 is the surest: Section 156 had no such step. Out: (b), (c), (d).
Trap: Outdated fact. The statement treats a new BNSS safeguard as if it existed under the old Code of Criminal Procedure.
Remember: Section 175(4) BNSS is new: superior's report plus the public servant's version.
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