Section 175 4 BNSS operates procedural adjunct section 175 3 requiring mandatory affidavit support prior escalation

Sub-section (4) of Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is neither an independent standalone provision nor a proviso to sub-section (3), but functions as a harmonious procedural adjunct introducing special safeguards for public servants. To trigger an order for investigation under Section 175(4), the applicant must satisfy the core mandatory requirements of Section 175(3) by submitting a written application supported by a sworn affidavit that complies with Section 333 BNSS and demonstrating prior recourse to the Superintendent of Police under Section 173(4) BNSS. Interpreting sub-section (4) in isolation would undermine crucial judicial safeguards against frivolous or unsworn complaints and allow litigants to bypass statutory procedural hierarchies. (XXX v. State of Kerala & Ors. | 2026 INSC 88)