Orissa High Court Clarifies Non-Mandatory Nature of Preliminary Inquiry Under Section 379 BNSS

In a significant ruling, the Orissa High Court has elucidated that conducting a preliminary inquiry under Section 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is not obligatory for courts before making or refusing to make a complaint regarding offenses outlined in Section 215 of the BNSS. This clarification came from a judgment delivered by a Single Bench comprising Justice Gourishankar Satapathy, who emphasized that while courts have the discretion to conduct such inquiries, they are not mandated in every instance.

Case Background

The case in question involved an appellant-wife who accused her respondent-husband of deliberately providing false statements and concealing facts in his disclosure affidavit submitted to the Family Court during proceedings under Section 125 of the Criminal Procedure Code (CrPC). Specifically, the respondent had declared himself as the sole son of his father, omitting the existence of a brother. Additionally, he claimed that his father was financially dependent on him, despite the father's status as a practicing lawyer with a stable income and substantial property holdings. The appellant contended that these misrepresentations amounted to perjury under Section 340 of the CrPC. However, the trial court dismissed her application, prompting her to appeal to the High Court.

Court's Observations

Justice Satapathy noted that the appellant had filed the criminal appeal under Section 341 of the CrPC. However, with the CrPC being replaced by the BNSS effective from July 1, 2024, the court treated the petition as filed under Section 379 of the BNSS. The court observed that Section 379 does not make preliminary inquiries mandatory but allows courts the discretion to conduct them when deemed necessary in the interest of justice. Justice Satapathy stated, "...it appears that Sec. 379 of BNSS does not mandate a preliminary enquiry, so also such a course may not be required to be adopted in every case. However, the Court may hold a preliminary enquiry and record a finding to the effect that it is expedient in the interest of justice that enquiry should be made into any of the offences referred to in Sec. 215(1)(b) of the BNSS."

Implications of the Ruling

This judgment underscores the discretionary power of courts in deciding whether to conduct preliminary inquiries under Section 379 of the BNSS. It clarifies that such inquiries are not a procedural necessity in every case, thereby streamlining judicial processes and preventing unnecessary delays. The ruling also highlights the importance of judicial discretion in determining the necessity of preliminary inquiries based on the specifics of each case, ensuring that the interests of justice are adequately served.

Conclusion

The Orissa High Court's clarification on the non-mandatory nature of preliminary inquiries under Section 379 of the BNSS provides valuable guidance for lower courts. It emphasizes that while courts have the authority to conduct such inquiries when necessary, they are not compelled to do so in every instance. This discretionary approach allows for a more efficient judicial process, tailored to the unique circumstances of each case, and ensures that the pursuit of justice remains both effective and equitable.