Ahmedabad: The Gujarat High Court has quashed summons issued by a Surat court against Deputy Commissioner of Police (DCP) R N Nakum and two police inspectors, R B Gojiya and H B Patel, in connection with a complaint of custodial torture made by three individuals. The high court found that the lower court had failed to adhere to the mandatory procedure outlined in Section 223(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, before taking cognizance of the allegations.
Background of the Case
A Judicial Magistrate First Class (JMFC) in Surat initiated an inquiry into allegations of custodial torture and issued summons to the three police officers on June 13, 2025, for offenses under Sections 115 and 54 of the Bharatiya Nyaya Sanhita (BNS). Prior to this, the three complainants had undergone medical examinations at Civil Hospital in Surat, and the inquiry was launched following directions from the district judge.
Legal Challenge by Police Officers
The police officers challenged the summons in the Gujarat High Court, with senior advocate Nirupam Nanavaty arguing that Section 223(2) of the BNS mandates that before cognizance is taken against a public servant for acts allegedly committed during official duty, the officer must be given an opportunity to explain the circumstances. Additionally, a report must be obtained from a superior officer. Nanavaty contended that this exercise had not been conducted in the present case, rendering the summons invalid.
High Court's Observation
Justice Gita Gopi, presiding over the case, observed: "This court finds that the learned magistrate has erred by not following the procedure under the provision of Subsection (2) of Section 223 of the BNSS, 2023." The high court subsequently quashed the summons issued against the three police officers and directed the lower court to undertake the process afresh, ensuring compliance with Section 223(2) of the BNS. This ruling underscores the importance of procedural safeguards for public servants accused of offenses committed during the discharge of their official duties.
