Courts Not Bound To Mechanically Order FIR under Section 173(4) BNSS in SC/ST Complaints: Allahabad High Court

The Allahabad High Court held that courts are not bound to mechanically direct registration of an FIR under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, merely because the complainant belongs to a Scheduled Caste or Scheduled Tribe.

The Court clarified that judges must apply their judicial mind and assess whether the allegations warrant a police investigation or can proceed as a complaint case. 

Dismissing a criminal appeal, it observed that Section 173(4) BNSS, similar to Section 156(3) of the Code of Criminal Procedure, grants discretionary powers to courts.

Provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 do not curtail such discretion.

[Kusum Kannojiya v. State of Uttar Pradesh & Ors.]