After Harassment Plea, Madras HC Directs Written Police Summonses, Station-Diary Records And No Harassment During Enquiries

The petitioners sought relief under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), alleging that the second respondent police were harassing them under the guise of an enquiry, following a representation dated 3 June 2026.

The Additional Public Prosecutor submitted that a petition enquiry was pending on the complaint of the third respondent.

The Court considered the complaint of harassment and issued general safeguards for police enquiries.

Whether the Court should intervene under Section 528 BNSS to restrain the police from allegedly harassing the petitioners during a pending enquiry.

Whether safeguards should be prescribed for summoning persons and conducting police enquiries to prevent harassment.

Section 528 BNSS confers inherent powers on the High Court, but the Court ordinarily will not interfere with a police investigation legitimately conducted within Chapter XIII BNSS; nor does the Magistrate have power to interfere with the actual investigation or its mode.

Section 179 BNSS provides for written summons to persons required to attend for an enquiry or investigation, and the Court directed that such summons specify a date and time.

The Court also directed compliance with the Supreme Court’s guidelines on preliminary enquiries and FIR registration in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1.

The Court recognised that police have authority to conduct enquiries and investigations, but that this authority must be exercised legitimately and within the statutory framework.

It also acknowledged that “harassment” may be understood differently by the persons summoned and the police officer, making procedural safeguards appropriate.

Rather than determine the petitioners’ allegation or halt the pending enquiry, the Court prescribed safeguards: written summons under Section 179 BNSS, recording enquiry minutes in the relevant police diary, refraining from harassment, and adherence to Lalita Kumari.

It directed police officers to summon persons in writing with a specified date and time, record enquiry minutes in the station diary or equivalent record, refrain from harassment, and comply with the Lalita Kumari guidelines.