Madras High Court Issues Guidelines Against Police Harassment Under Guise Of Enquiry, Mandates Written Summons Under Section 179 BNSS

"This Court, exercising its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, normally would not interfere with the investigation conducted by a police officer. Nevertheless, it would also not turn a blind eye to instances of harassment by the police under the guise of investigation is brought to its notice." Madras High Court, in a significant ruling, held that while police officers possess the statutory power to investigate, the court will not remain a passive spectator when harassment is meted out under the garb of an enquiry.

A single judge bench of Justice G.K. Ilanthiraiyan laid down mandatory safeguards to regulate police enquiries, ruling that investigating officers must issue formal written summons under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and strictly record enquiry minutes in the general diary.

The petitioner approached the High Court seeking a writ of mandamus to direct the respondent police authorities to consider his representation against alleged police harassment during an ongoing enquiry. The petitioner invoked the inherent supervisory jurisdiction of the High Court to restrain police officials from subjecting him to unlawful distress and unwarranted summons under the pretext of investigation.

The primary question before the court was whether the High Court, in exercise of its inherent powers under Section 528 of the BNSS, ought to intervene to protect citizens against police harassment during preliminary enquiries. The court was also called upon to determine the procedural safeguards that investigating authorities must mandatorily follow when summoning persons or witnesses for enquiry.

Inherent Powers of High Court To Curb Police Excesses

The bench acknowledged that investigating officers enjoy broad, unfettered powers to enquire into cognizable and non-cognizable offences so long as those powers are legitimately exercised within the statutory framework of Chapter XIII of the BNSS. The court noted that while the Sanhita empowers the jurisdictional Magistrate to act as a guardian across all stages of investigation, the statute does not envisage judicial interference in the actual mode of investigation.

However, the bench emphasized that the High Court cannot turn a blind eye when specific instances of harassment under the guise of investigation are brought before it. The court remarked that the term harassment carries a wide connotation, acknowledging that what constitutes an excessive intrusion to a citizen might be viewed as routine procedure by an investigating officer.

Mandatory Written Summons Under Section 179 BNSS

To eliminate ambiguity and prevent arbitrary police conduct, the High Court formulated mandatory guidelines governing all enquiries and investigations. The bench directed that whenever an officer seeks to summon any person named in a complaint or any witness to an alleged incident, the officer must mandatorily issue a written summon under Section 179 of the BNSS specifying the exact date and time for appearance.

Recording Of Minutes In Station Diary Is Mandatory

The High Court further ruled that investigating officers cannot conduct unrecorded, informal interrogations. The bench made it obligatory for police officers to enter and record the detailed minutes of any enquiry in the official general diary, station diary, or daily diary maintained at the police station immediately upon questioning the summoned individual.

Strict Adherence To Lalita Kumari Precedent

The bench emphasized that investigating officers must strictly refrain from harassing any person called upon for questioning. Furthermore, the court mandated that the binding directions governing preliminary enquiries and the registration of First Information Reports laid down by the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh and Others (2014) 2 SCC 1 must be scrupulously implemented by the police machinery.

Disposing of the criminal writ petition, the High Court directed all respondent police officials to conduct investigations strictly within the four corners of the BNSS and the newly framed judicial guidelines. The ruling sets a vital precedent curtailing informal police intimidation and establishing enforceable procedural accountability across police stations.

Date of Decision: 03 August 2026