Kerala Magistrate Court Directs Police Probe Against Lakshmi Priya Under Section 175(3) BNSS

In a significant development for victims of online sexual harassment, the Judicial First Class Magistrate Court IX, Ernakulam, has directed the Kochi City Police to register an FIR and investigate a private complaint filed by actor Ansiba Hassan against fellow actor Lakshmi Priya and two representatives of CAN Channel. The order, passed by Magistrate Smt. Shana Beegam under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), comes after the Kerala High Court set aside an earlier magisterial order that had declined to order police investigation.

The complaint alleges that the accused persons circulated sexually coloured and obscene videos targeting Ms. Hassan through social media platforms, with the intent to tarnish her reputation and humiliate her. The court found prima facie grounds to suspect a conspiracy and directed the police to collect and examine digital evidence to determine whether the alleged offences under the Bharatiya Nyaya Sanhita (BNS), Information Technology Act, and Kerala Police Act are made out.

The Complaint and Initial Police Inaction

Ms. Hassan, a member of the Association of Malayalam Movie Artistes (AMMA) and known for her role in the film Drishyam , filed a complaint with the Palarivattom police station in Kochi. She alleged that the accused had published and disseminated videos containing false and sexually coloured allegations against her. However, the police declined to register an FIR, stating that a preliminary inquiry revealed only defamation and not cognizable offences.

Frustrated by the lack of police action, Ms. Hassan approached the Magistrate Court with a private complaint. The Magistrate initially treated the matter as a private complaint rather than directing police investigation, effectively requiring Ms. Hassan to lead evidence herself. This approach placed an undue burden on the complainant, particularly given the nature of digital content that may be difficult to collect without state machinery.

High Court Intervention

Ms. Hassan challenged the Magistrate’s order before the Kerala High Court. On September 7, Justice Jobin Sebastian set aside the earlier order, observing that the complaint had not been properly considered before the court concluded whether the allegations disclosed a cognizable offence. The High Court directed the Magistrate to independently examine the allegations and the materials on record and determine whether a police investigation was warranted.

Justice Sebastian’s ruling emphasized that a Magistrate must not mechanically reject a request for police investigation under Section 175(3) BNSS (analogous to Section 156(3) CrPC) when the complaint prima facie discloses a cognizable offence. The High Court noted that the complainant’s inability to collect certain digital evidence—such as two lengthy videos published after the trailer—underscored the necessity of police investigation.

Magistrate’s Order and Reasoning

Pursuant to the High Court’s direction, Magistrate Shana Beegam reconsidered the complaint. In her order, she noted that the entire digital content would have to be collected and examined to determine whether the alleged offences were made out. The magistrate observed: " Prima facie , the circumstances alleged in the complaint suggested that a conspiracy had been hatched among the parties against the petitioner to tarnish her dignity."

The court specifically highlighted that the complainant had raised suspicions about the possible involvement of AMMA president Shwetha Menon. According to the complaint, Ms. Lakshmi Priya had referred to the president in the impugned video, and the manner in which her name was used in conjunction with highly offensive content gave rise to a reasonable suspicion warranting investigation. The petitioner further alleged that the president had contacted certain social media influencers to propagate a false narrative against her.

The magistrate accordingly forwarded the complaint to the Station House Officer of Palarivattom police station for registration of FIR and investigation under Section 175(3) BNSS. The order directs the police to investigate allegations under Sections 75(iv) (sexual harassment) and 79 (word, gesture or act intended to insult modesty of a woman) of the BNS, Sections 67 and 67A of the Information Technology Act (punishment for publishing obscene material and sexually explicit acts in electronic form), and Section 119(a) of the Kerala Police Act (punishment for atrocities against women). The complaint also invoked Section 61 of the BNS (criminal conspiracy), though the magistrate’s order primarily focused on the sexual harassment and modesty-related offences.

Legal Provisions and Significance

The case underscores the importance of Section 175(3) BNSS, which empowers a Magistrate to order police investigation upon receipt of information of commission of cognizable offences. This provision is a crucial tool for complainants who face police apathy, as it allows the judiciary to compel law enforcement to act. The High Court’s direction to reconsider the complaint afresh reinforces that Magistrates must apply their mind independently and not merely adopt the police’s preliminary assessment.

The offences invoked cover a range of harmful conduct: sexual harassment under BNS, insult to modesty, publication of obscene material in electronic form, and specific state-level provisions against atrocities against women. The inclusion of criminal conspiracy (Section 61 BNS) indicates the complainant’s allegation of a coordinated effort involving multiple individuals.

Broader Implications for Social Media Harassment

This case highlights the challenges faced by public figures, especially women in the entertainment industry, when targeted by coordinated online harassment campaigns. The court’s willingness to order a police investigation—even after initial police inaction—sends a strong message that digital content can constitute serious offences beyond mere defamation.

For legal practitioners, the case serves as a reminder of the strategic importance of private complaints under Section 175(3) BNSS. When police refuse to register an FIR, approaching the Magistrate with a well-documented complaint, supported by relevant legal provisions, can compel investigation. The High Court’s supervisory role in ensuring that Magistrates do not abdicate their duty to examine complaints carefully is equally significant.

Moreover, the mention of potential involvement of an industry body president underscores the complex power dynamics within professional associations. While the allegations against Ms. Menon remain unproven, the court’s observation that a reasonable suspicion exists warrants investigation into whether institutional figures may be complicit in or benefit from the dissemination of defamatory content.

Conclusion

The Ernakulam Magistrate Court’s direction to register an FIR against Lakshmi Priya and others marks a pivotal step in Ansiba Hassan’s fight against online sexual harassment. By invoking Section 175(3) BNSS and following the High Court’s guidance, the judiciary has reaffirmed its commitment to protecting the dignity of women in the digital age. The case will be closely watched as it progresses, particularly regarding the collection of electronic evidence and the potential liability of those who orchestrate or amplify harmful content. For now, the order stands as a reminder that the law provides remedies even when initial institutional responses fall short.