A First Information Report (FIR) for a non-cognizable offense cannot be filed without a proper order from a magistrate under Section 174, according to the Madras High Court.
The Madras High Court dismissed an FIR filed under Section 303(2) of the Bharatiya Nyaya Sanhita Act. It stated that according to Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an FIR can only be filed after receiving a proper order from a Magistrate authorized to handle such cases. Justice N. Anand Venkatesh, on the Single-Judge Bench, noted that the prosecution claimed the stolen property was worth Rs. 3,000, which qualifies as a non-cognizable offense. The petitioner, represented by Advocate G. Karuppasamypandiyan, sought anticipatory bail due to fears of arrest by the respondent police for the alleged offense under Section 303(2) of the BNS Act.
The prosecution’s case involved a complainant who owned a vulcanizing shop and reported that old tires valued at around Rs. 3,000 were missing. CCTV footage revealed that the petitioner had taken the tires. The Bench clarified that under the proviso to Subsection 2 of Section 303 of the BNS Act, if the value of stolen property is under Rs. 5,000 and it is the person’s first offense, the punishment is community service. For property valued below Rs. 5,000, the offense is non-cognizable and bailable. The Bench concluded that, per Section 174 of the BNSS Act, the FIR’s registration was illegal without a Magistrate’s order.
The Bench accepted the Criminal Original Petition and stated, “This anticipatory bail petition is not valid because the offence is bailable. However, this Court, using its power under Section 482 of Cr.P.C, chooses to intervene with the FIR, as the registration of the FIR for a non-cognizable offence without proper orders from the Magistrate is unlawful.” Therefore, the Bench canceled the FIR filed by the respondent Police.
Cause Title: Jebaraj @ Jeyaraj v. The State of Tamil Nadu [Case No. CRL OP(MD). No.19623 of 2024]
Appearance:
Petitioner: Advocate G. Karuppasamypandiyan
Respondent: Government Advocate (Crl.Side) B.Thanga Aravindh
