Imran Pratapgarhi v. State of Gujarat (2025 INSC 410): Re-defining Preliminary Enquiry under Section 173 BNSS
The Supreme Court’s ruling in Imran Pratapgarhi v. State of Gujarat is the first major interpretation of Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (“BNSS”). Delivered on 28 March 2025, it explains when and how the police can carry out a “preliminary enquiry” before filing a First Information Report (“FIR”). The Court condemned the custom of registering FIRs without any examination and said that where a suspected crime attracts a sentence of three to seven years, particularly where the crime involves speech or expression, the police should start with a preliminary investigation under Section 173(3). By so doing, the Court transformed what previously appeared as an issue of police discretion into a significant protection that is related to the rights guaranteed by Articles 14, 19(1) a and 21 of the Constitution. This case comment analyses the rationale of the Court and its consequences arguing that the decision indicates a change to a more rights-conscious and responsible policing within the BNSS.
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