#Cognizable Offence

Madhya Pradesh High Court upholds the Lalita Kumari principle under Bharatiya Nagarik Suraksha Sanhita, 2023, permitting police to conduct a preliminary inquiry before FIR registration where no cognizable offence is prima facie disclosed. The ruling clarifies the scope of judicial review over police compliance reports in criminal investigations.

Allahabad High Court dismisses anticipatory bail petition under U.P. Public Examination (Prevention of Unfair Means) Act, 2024, holding that cognizable offence is disclosed prima facie even if accused is not named in FIR.

The Allahabad High Court has upheld a 1989 Uttar Pradesh notification that overrides the CrPC’s non-cognizable classification for BNS Section 351(3), affirming that state notifications can alter cognizability without violating procedural safeguards. This sets a critical precedent for state-level criminal procedure modifications under the Bharatiya Nyaya Sanhita, affecting how police and magistrates handle minor public nuisance cases across UP.

Allahabad HC reaffirms that FIR quashing under BNSS requires only prima facie disclosure of a cognizable offence based on the gravamen of allegations. Courts cannot conduct a mini-trial at this stage, reinforcing the threshold for criminal proceedings initiation.

Madhya Pradesh High Court mandates that police must conclude preliminary inquiry and decide on FIR registration within 90 days of receiving a complaint for cognizable offences under Bhartiya Nagrik Suraksha Sanhita, 2023. Failure to act within the stipulated period empowers complainants to seek judicial intervention under Article 226, reinforcing accountability in criminal investigations.

The J&K High Court has ruled that closure of a preliminary inquiry does not extinguish the duty to register an FIR if subsequent evidence reveals a cognizable offence. This clarifies that administrative closure cannot override statutory obligations under Section 154 CrPC, reinforcing that criminal proceedings remain viable even after disciplinary acquittals.

The Punjab & Haryana High Court dismissed a PIL seeking action against dog fighting, ruling that citizens can directly file FIRs under Section 31 of the Prevention of Cruelty to Animals Act, 1960, as the offences are cognizable. The Court held that existing district-level SPCAs fulfill the state’s enforcement obligations, making judicial intervention unnecessary.

Madhya Pradesh High Court holds that police must conduct preliminary enquiry and register FIR if cognizable offence is disclosed under BNS 2023, rejecting alternate remedy as bar to writ petition.

Madhya Pradesh High Court holds that mere existence of a counter-FIR or delay in lodging FIR does not justify quashing criminal proceedings under Section 528 BNSS.