New Delhi: The Supreme Court has ruled that a preliminary inquiry is not mandatory in every case registered under the Prevention of Corruption (PC) Act and that the accused cannot claim it as a right.
A bench comprising Justices Dipankar Datta and Sandeep Mehta stated that while a preliminary inquiry may be desirable in certain categories of cases, including those under the PC Act, it is not a compulsory requirement for filing a criminal case. The court clarified that the purpose of such an inquiry is not to verify the authenticity of the received information but only to determine whether it discloses a cognizable offense.
“The preliminary inquiry is not an absolute requirement in every case under the PC Act,” the bench stated in its verdict, delivered on February 17.
The court further noted that if a senior officer receives a source information report that is comprehensive, well-reasoned, and clearly suggests the commission of a cognizable offense, the need for a preliminary inquiry may be waived.
The ruling came in response to an appeal filed by the Karnataka government challenging a March 2024 judgment by the state high court.
