February 15, 2025 - In a notable verdict, the Supreme Court of India has advised caution prior to registering an FIR under laws which are draconian in nature such as the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986. This was during the proceedings of the degree of Jay Kishan and Others versus The State of Uttar Pradesh and Others (2025 INSC 198) where the Apex Court set aside an FIR which was filed in abuse of it related to a property conflict.

Justices Sudhanshu Dhulia and Ahsanuddin Amanullah noted that the authorities are not permitted to irresponsibly exercise wide latitude in the application of such stern provisions as it can infringe fundamental rights as per Article 21 of the Indian Constitution.  

This case arose from an FIR lodged against three people for their suspicious involvement in a property and financial tussle.

This time, the Supreme Court observed that most of the criminal cases mentioned in the FIR were purely civil and did not warrant an application of the Act. The judgement proclaimed that merely invoking certain clauses of the Indian Penal Code (IPC) is no valid ground for prosecution under the provisions of the Act because there is a need for genuine inquiry whether the accusations really meet the legal requirements.

The top Court stressed that there is a necessity for Courts to understand what is not explicitly stated in the material presented before them.