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Bombay High Court Questions Lax Police Enquiries, Seeks Centre’s Stand on BNSS 14-Day Rule

The court moved to enforce the statutory timeline by drawing the Home Ministry into a petition over delayed action at Kashimira police station.

Overview

  • In a December 10 order, Justices Ajey S. Gadkari and Ranjitsinha R. Bhonsale criticized “leisurely” preliminary enquiries stretching for months in “utter disregard” of the law.
  • The bench cited BNSS Section 173(3)(i), which requires preliminary enquiries to be completed within 14 days to assess whether a prima facie case exists.
  • Petitioner Kundan Jaywant Patil sought FIR registration on his October complaint, while police affidavits said enquiries into his complaint and an August complaint against him remain ongoing.
  • The court allowed the Ministry of Home Affairs to be added as a respondent and directed the Additional Solicitor General to appear for the Union at the December 19 hearing.
  • The judges asked the Centre to clarify whether the 14-day mandate applies to all police stations under the court’s jurisdiction and to explain noncompliance since the BNSS took effect on July 1, 2024.