State Of Karnataka vs T.N. Sudhakar Reddy 2025 INSC 229 - Prevention Of Corruption Act - Preliminary Inquiry

Prevention of Corruption Act 1988- The preliminary inquiry is not mandatory in every case under the PC Act. If a superior officer is in seisin of a source information report which is both detailed and well-reasoned and such that any reasonable person would be of the view that it prima facie discloses the commission of a cognizable offence, the preliminary inquiry may be avoided. (Para 51) - The purpose of a preliminary inquiry is not to verify the veracity of the information received, but merely to ascertain whether the said information reveals the commission of a cognizable offence. The scope of such inquiry is naturally narrow and limited to prevent unnecessary harassment while simultaneously ensuring that genuine allegations of a cognizable offence are not stifled arbitrarily. Thus, the determination, whether a preliminary inquiry is necessary or not will vary according to the facts and circumstances of each case (Para 24). Referred to Lalita Kumari v. State of U.P. (2014) 2 SCC 1 [Context: SC set aside HC judgment which had quashed FIR in a corruption case on the ground that no preliminary inquiry was conducted.]

Prevention of Corruption Act 1988- Section 17- Code of Criminal Procedure 1973 - Section 154 : BNSS - Section 173 - PC Act only outlines the procedure for investigation of offences, therefore, as a necessary corollary, Sections 154 (corresponding Section 173 of the BNSS) will be applicable for the registration of FIR in relation to offences punishable under the PC Act - Superintendent of Police is competent to direct the registration of an FIR if he has information about the commission of a cognizable offence, punishable under the PC Act. The former is also competent to simultaneously direct the Deputy Superintendent of Police to register an FIR for the offences under the PC Act, with the understanding that the subsequent investigation will be subject to the restrictions outlined in Section 17 of the PC Act. A composite order to register the FIR and conduct investigation aligns with the statutory framework of the CrPC and the PC Act. (Para 51)

Code of Criminal Procedure 1973 - Section 36, 154 : BNSS - Section 30, 173 - If the officer in charge of a police station can direct the registration of an FIR under Section 154, as a natural corollary by virtue of Section 36 CrPC, superior officers, are equally competent to issue such directions for registration of the FIR. (Para 44)

Code of Criminal Procedure 1973 - Section 154 : BNSS - Section 173 - If the information reveals the commission of a cognizable offence, the police officials are duty-bound to register an FIR, except in cases where individual reputation and relations are at stake, wherein it is advisable to conduct a preliminary inquiry. (para 28)

Fair Investigation -The purpose of fair investigation is to ensure that the accused is afforded all the rights guaranteed to him under the law. As a corollary, an investigation which should be expected to be fair, must focus on collecting evidence that leads to the right conclusion and nothing else. A fair investigation cannot be interpreted to cater to the accused only, rather it must be such that the entire investigation process has a backing of the law, and the due procedure established therein. Thus, the ambit of fair investigation tethers the procedural safeguards in order to remain immune from arbitrary actions of individual investigators. (Para 42)

Interpretation of Statues - Special law overrides the general law. However, when a general law and a special law address the same subject matter, the rule of harmonious construction is to be applied. (Para 35)

Note: This judgment doesn't take into account the new BNSS provision- Section 173(3) BNS which reads as follows: Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,—(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or (ii) proceed with investigation when there exists a prima facie case.