Case Law Analysis
|Rajasthan High Court
BNSS Section 173(3) | Mandatory Preliminary Inquiry Before FIR for Offences Under 7 Years: Rajasthan HC Reinforces Arnesh Kumar Guidelines
The Rajasthan High Court ruled that Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates a preliminary inquiry before registering an FIR for offences punishable by less than seven years. The court emphasized compliance with the Arnesh Kumar guidelines, holding that failure to conduct such an inquiry renders the FIR unsustainable. This decision impacts procedural safeguards in criminal investigations, ensuring due process for accused persons.