FIRs in Indore for Violating Prohibitory Orders
Two FIRs were filed in Indore under Section 223 of the Bharatiya Nyaya Sanhita (BNS) for violating prohibitory orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) aimed at making the city beggar-free.
One FIR was filed against a person giving alms to a beggar, and another against a beggar’s son, who failed to prevent her from begging.
These prohibitory orders correspond to Section 188 of the Indian Penal Code (IPC) and Section 144 of the CrPC, but registering an FIR for these violations is legally flawed.
Legal Challenges and Sections Involved
Section 163 of BNSS allows orders to be issued only in “urgent cases of nuisance or apprehended danger,” but begging doesn't meet this criteria, making the orders questionable.
Section 215 of BNSS prohibits FIR registration for violations under Sections 206 to 223 of the BNS without a written complaint from a public servant.
Even though the offence under Section 223 is cognisable, FIRs can't be filed without the District Magistrate’s written complaint, as clarified by legal precedents.
Judicial Precedents and Legal Interpretation
Supreme Court rulings (C. Muniappan, Mata Bhikh) confirm that FIRs for offences under Sections 206-223 of BNS require a written complaint from a public servant, not a police report.
Previous High Court decisions (Madras, Chhattisgarh) reinforce the limitation on police action for these offences.
Recommended Actions and Legal Remedies
The Indore police should close the cases and inform the District Magistrate of the legal complications.
If the District Magistrate wishes to proceed, they must approach the court in writing as required under Section 215 of the BNSS.
Broader Implications and Future Considerations
Turning begging into a criminal offence should be avoided to prevent harm to beggars.
Rehabilitation programs should be emphasized over punitive measures to address the root causes of begging.
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