Supreme Court Mandates Affidavit for Complaints Against Public Servants

The Supreme Court held that complaints alleging offences by public servants in the discharge of official duties must be supported by an affidavit.

The observation was made while hearing a plea challenging a Kerala High Court order on registration of an FIR against police officers.

Referring to existing directions for complaints against judicial officers, the Court said there is no rational basis to apply a different standard to public servants, as the requirement helps filter out false, frivolous or vexatious complaints.

The Court also clarified that a judicial magistrate may reject applications under Section 175(3) of the BNSS, 2023, if allegations are wholly untenable or inherently improbable, provided valid reasons are recorded.