Archive · 28 Jan 2026
Supreme Court Mandates Affidavits for Public Servant Complaints
The Supreme Court of India has decided that if someone wants to make a complaint against a public servant, they must support it with an affidavit.
This means they have to sign a legal document saying the allegations are true.
The court said this rule is necessary to stop false or silly complaints and to balance the need to hold public servants accountable with protecting them from unfair legal actions.
The court also said that if a complaint is clearly not reasonable, a judge can reject it, but they must give good reasons for doing so.
This decision came while the court was looking at a case about whether the police should register a complaint against three police officers for allegedly harming a woman.
The Supreme Court ruled that complaints against public servants must be supported by an affidavit.
The court emphasized that this requirement is to prevent false or frivolous complaints.
Judicial magistrates can reject applications if the allegations are untenable or absurd.
The decision was made while hearing a plea challenging a Kerala High Court order on FIR registration against police officers.
The court clarified that rejection orders must be based on valid reasons, not whims.
- Who
- Supreme Court of India
- What
- Mandated affidavits for complaints against public servants
- When
- Tuesday (specific date not mentioned)
- Where
- India
- Why
- To prevent false, frivolous, or vexatious complaints and protect public servants from abuse of the judicial process
- Court
- Supreme Court of India
- Bench Composition
- Justices Dipankar Datta and Manmohan
- Legal Requirement
- Affidavit for complaints against public servants
- Relevant Section
- Section 175 of BNSS, 2023
- Case Context
- Challenge to Kerala High Court order on FIR registration against police officers