Judicial magistrates exercising section 175 4 bnss powers must evaluate prima facie nexus official duties calling reports

When considering an application seeking an investigation against a public servant under Section 175 BNSS, a Judicial Magistrate must exercise guided discretion using a multi-tiered approach based on whether the alleged criminal act arose in the course of discharging official duties. Where the Magistrate is prima facie satisfied or entertains a reasonable doubt regarding a nexus to official functions, the mandatory procedure under Section 175(4) of calling for a superior officer's report and considering the public servant's version must be followed. Conversely, if the alleged offence bears no reasonable connection or nexus to official duties, the Magistrate may proceed under the general provisions of Section 175(3) without awaiting public servant safeguards. (XXX v. State of Kerala & Ors. | 2026 INSC 88)