IMPORTANT POINT
Registration of FIR is mandatory if information given to police under Section 154 of Cr.P.C. discloses commission of a cognizable offence.

Headnote:(i) Criminal Procedure Code, 1973—Section 154—FIR—Registration of— Reasonableness or creditability of information is not a condition precedent for registration of a case—Condition that is sine qua non for recording FIR under Section 154 of Code is that there must be information and that information must disclose a cognizable offence—If any information disclosing a cognizable offence is led before an officer in charge of police station satisfying requirement of Section 154(1), police officer has no other option except to register a case on the basis of such information—Provision of Section 154 of Code is mandatory and concerned officer is duty bound to register case on the basis of information disclosing a cognizable offence—If discretion, option or latitude is allowed to police in matter of registration of FIRs, it can have serious consequences on public order situation and can also adversely affect rights of victims including violating their fundamental right to equality. (Paras 39 and 43)
       (ii) Criminal Procedure Code, 1973—Section 154—Police Act, 1861—Section 44—FIR—Registration of—If at all, there is any inconsistency in provisions of Section 154 of Code and Section 44 of Police Act, 1861, with regard to fact as to whether FIR is to be registered in FIR book or in General Diary, provisions of Section 154 of Code will prevail and provisions of Section 44 of Police Act, 1861 (or similar provisions of respective corresponding Police Act or Rules in other respective States) shall be void to extent of repugnancy—Registration of FIR is mandatory and also that it is to be recorded in FIR Book by giving a unique annual number to each FIR to enable strict tracking of each and every registered FIR by superior police officers as well as by competent court to which copies of each FIR are required to be sent. (Paras 60 , 61 and 63)
       (iii) Criminal Procedure Code, 1973—Section 154—FIR—Registration of—While registration of FIR is mandatory, arrest of accused immediately on registration of FIR is not at all mandatory—Registration of FIR and arrest of accused person are two entirely different concepts under law and there are several safeguards available against arrest—Accused person also has right to apply for anticipatory bail under provisions of Section 438 of Code if conditions mentioned therein are satisfied—In appropriate cases, he can avoid arrest under that provision by obtaining an order from Court—Arrest of a person and registration of FIR are not directly and/or irreversibly linked and they are entirely different concepts operating under entirely different parameters—If a police officer misuses his power of arrest, he can be tried and punished under Section 166 of IPC. (Paras 98, 100 and 101)
       (iv) Criminal Procedure Code, 1973—Section 154—FIR—Registration of—Preliminary enquiry—Scope of preliminary inquiry is not to verify veracity or otherwise of information received but only to ascertain whether information reveals any cognizable offence—As to what type and in which cases preliminary inquiry is to be conducted will depend on facts and circumstances of each case—While ensuring and protecting rights of accused and complainant, preliminary inquiry should be made time bound and in any case it should not exceed seven days—Fact of such delay and causes of it must be reflected in General Diary entry. (Para 111)
       (v) Interpretation of Statute—Golden Rule of Construction—If the provision is unambiguous and legislative intent is clear, court need not call into it any other rules of construction—Golden rule of interpretation can be given a go-by only in cases where language of the section is ambiguous and/or leads to an absurdity. (Paras 44 and 45)
       Result: Reference disposed of. Various directions issued.

Judgement Key Points

Key Points: - The registration of FIR is mandatory if information discloses a cognizable offence under Section 154(1) CrPC; no discretion to refrain from registering in such cases. (!) (!) (!) (!) (!) - The word "shall" in Section 154(1) is mandatory, and information need not be credible or reasonable; credibility is considered only during investigation, not at registration. (!) (!) (!) (!) (!) - Preliminary inquiry before registration may be permissible only in specified contexts when information does not clearly disclose a cognizable offence or to test credibility, with time-bound limits (7 days) and recorded in General Diary. (!) (!) (!) (!) - If preliminary inquiry reveals cognizable offence, FIR must be registered; if inquiry ends without cognizable offence, must provide reasons and informant of closure. (!) - Distinction between FIR registration and arrest; they are separate concepts with safeguards; arrest may follow registration but is not mandatory. (!) [p_ Did not extract exact reference; but multiple sections discuss] - The scheme emphasizes recording in FIR Book with unique annual numbers; General Diary is separate, and FIR must be in FIR Book. (!) (!) (!) (!) - Article 21 considerations discussed; the Court rejected blanket obligation to conduct preliminary inquiry, upholding mandatory registration with limited exceptions. (!) (!) - Exceptions include certain categories (medical negligence, etc.) where preliminary inquiry may be considered, with guidelines and time limits. (!) (!) (!) (!) - If information discloses cognizable offence, non-registration can be challenged by higher authorities; remedies include 190/200CrPC routes. (!) (!)

How to register an FIR under Section 154 CrPC when information discloses a cognizable offence?

What is the meaning and mandatory nature of the word "shall" in Section 154(1) of the CrPC?

What are the permissible circumstances and time-limits for conducting a preliminary inquiry before registration of an FIR?

JUDGMENT

P. Sathasivam, CJI— The important issue which arises for consideration in the referred matter is whether “a police officer is bound to register a First Information Report (FIR) upon receiving any information relating to commission of a cognizable offence under Section 154 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) or the police officer has the power to conduct a “preliminary inquiry” in order to test the veracity of such information before registering the same?”

2. The present writ petition, under Article 32 of the Constitution, has been filed by one Lalita Kumari (minor) through her father, viz., Shri Bhola Kamat for the issuance of a writ of Habeas Corpus or direction(s) of like nature against the respondents herein for the protection of his minor daughter who has been kidnapped. The grievance in the said writ petition is that on 11.05.2008, a written report was submitted by the petitioner before the officer in-charge of the police station concerned who did not take any action on the same. Thereafter, when the Superintendent of Police was moved, an FIR was registered. According to the petitioner, even thereafter, steps were not taken either for apprehending the accused or for the recovery of the minor girl child.

3. A two-Judge Bench of this Court in, Lalita Kumari vs. Government of Uttar Pradesh & Ors.1 after noticing the disparity in registration of FIRs by police officers on case to case basis across the country, issued notice to the Union of India, the Chief Secretaries of all the States and Union Territories and Director Generals of Police/Commissioners of Police to the effect that if steps are not taken for registration of FIRs immediately and the copies thereof are not handed over to the complainants, they may move the Magistrates concerned by filing complaint petitions for appropriate direction(s) to the police to register the case immediately and for apprehending the accused persons, failing which, contempt proceedings must be initiated against such delinquent police officers if no sufficient cause is shown.

4. Pursuant to the above directions, when the matter was heard by the very same Bench in Lalita Kumari vs. Government of Uttar Pradesh & Ors.2, Mr. S.B. Upadhyay, learned senior counsel for the petitioner, projected his claim that upon receipt of information by a police officer in-charge of a police station disclosing a cognizable offence, it is imperative for him to register a case under Section 154 of the Code and placed reliance upon two-Judge Bench decisions of this Court in State of Haryana vs. Bhajan Lal3, Ramesh Kumari vs. State (NCT of Delhi)4 and Parkash Singh Badal vs. State of Punjab.5 On the other hand, Mr. Shekhar Naphade, learned senior counsel for the State of Maharashtra submitted that an officer in- charge of a police station is not obliged under law, upon receipt of information disclosing commission of a cognizable offence, to register a case rather the discretion lies with him, in appropriate cases, to hold some sort of preliminary inquiry in relation to the veracity or otherwise of the accusations made in the report. In support of his submission, he placed reliance upon two-Judge Bench decisions of this Court in P. Sirajuddin vs. State of Madras (1970) 1 SCC 595, Sevi vs. State of Tamil Nadu 1981 Supp SCC 43, Shashikant vs. Central Bureau of Investigation (2007) 1 SCC 630, and Rajinder Singh Katoch vs. Chandigarh Admn. (2007) 10 SCC 69. In view of the conflicting decisions of this Court on the issue, the said bench, vide order dated 16.09.2008, referred the same to a larger bench.

5. Ensuing compliance to the above direction, the matter pertaining to Lalita Kumari was heard by a Bench of three-Judges in Lalita Kumari vs. Government of Uttar Pradesh & Ors. (2012) 4 SCC 1 wherein, this Court, after hearing various counsel representing Union of India, States and Union Territories and also after adverting to all the conflicting decisions extensively, referred the matt

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Judicial Analysis

SupremeToday

IMPORTANT POINTRegistration of FIR is mandatory if information given to police under Section 154 of Cr.P.C. discloses commission of a cognizable offence.

How to register an FIR under Section 154 CrPC when information discloses a cognizable offence?

What is the meaning and mandatory nature of the word "shall" in Section 154(1) of the CrPC?

What are the permissible circumstances and time-limits for conducting a preliminary inquiry before registration of an FIR?

Cases Referred (45)

Judicial Analysis

IMPORTANT POINT
Registration of FIR is mandatory if information given to police under Section 154 of Cr.P.C. discloses commission of a cognizable offence.