Lalita Kumari v. State of Uttar Pradesh and Ors: A ruling that conceptualized Preliminary Enquiry?
The evolution of criminal procedural laws in India reflects a delicate balance between ensuring justice and safeguarding individual rights. The Code of Criminal Procedure (CrPC), 1973, has long been the cornerstone of criminal jurisprudence, providing a framework for the investigation and prosecution of offenses. However, recent legislative developments, notably the introduction of the Bharatiya Nagarik Suraksha Sanhita (“BNSS”) in 2023, have brought about significant changes, particularly concerning the concept of preliminary enquiry. This article delves into the provisions related to preliminary enquiry under both the Code of Criminal Procedure, 1973 (“CrPC”) and BNSS, examining their implications and the judicial interpretations that have shaped their application.
