AI Overview...
- Recording of FIR Not Condition Precedent - Main points and insights:
- The recording of an FIR is not a mandatory condition for initiating a criminal investigation. Courts have clarified that investigations can commence even without a formal FIR being recorded first. Discrepancies in FIR recording times or delays in forwarding FIRs to Magistrates are not necessarily fatal to a case's prosecution (Sources: Anjan Das Gupta VS State of West Bengal - Supreme Court, Sahi Ram VS State of Rajasthan - Rajasthan, Lalita Kumari VS Govt. of U. P. - Crimes, Lalita Kumari VS Govt. of U. P. - Crimes).
- The Supreme Court has explicitly held that the registration of an FIR is not contingent upon the credibility or reasonableness of the information provided. The primary requirement is that the police must register a case upon receiving information of cognizable offence, regardless of its initial credibility (Sources: Sahi Ram VS State of Rajasthan - Rajasthan, Hitesh Bhardwaj VS State of Punjab - Punjab and Haryana, Sivakumar VS P. Senthilkumar - Madras, Lalita Kumari VS Govt. of U. P. - Crimes, Lalita Kumari VS Govt. of U. P. - Crimes).
- The condition for registration under Section 154 of the Criminal Procedure Code is not that the information must be credible or verified; rather, the police are obliged to register the FIR if the information discloses a cognizable offence (Sources: Lalita Kumari VS Govt. of U. P. - Crimes, Lalita Kumari VS Govt. of U. P. - Crimes).
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The investigation process can begin independently of whether an FIR has been recorded or not, and delays or discrepancies in FIR recording do not necessarily invalidate subsequent proceedings (Sources: Anjan Das Gupta VS State of West Bengal - Supreme Court, Sahi Ram VS State of Rajasthan - Rajasthan).
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Analysis and Conclusion:
- Legal jurisprudence clarifies that the recording of an FIR is not a sine qua non for initiating criminal investigations or proceedings. The focus is on the existence of credible information of a cognizable offence, which mandates registration and investigation irrespective of whether an FIR has been formally recorded at the outset.
- Courts emphasize that the primary requirement is the registration of a case upon receiving credible information, not the prior recording of an FIR, making the process more flexible and ensuring that investigations are not hindered by procedural technicalities.
References: - Anjan Das Gupta VS State of West Bengal - Supreme Court - Sahi Ram VS State of Rajasthan - Rajasthan - Neelu Shrivastava VS State - Delhi - Tarlochan Singh VS Jaspal Singh Chaudhary - Punjab and Haryana - Hitesh Bhardwaj VS State of Punjab - Punjab and Haryana - Govind Ram VS Mehar Chand - Himachal Pradesh - Salma Babu Shaikh VS State of Maharashtra - Bombay - Sivakumar VS P. Senthilkumar - Madras - Lalita Kumari VS Govt. of U. P. - Crimes - Lalita Kumari VS Govt. of U. P. - Crimes
Search Results for "Recording of Fir is Not Condition Precedent for Initiating Criminal Investigation"
2016 8 Supreme 347 • India - Supreme Court
PINAKI CHANDRA GHOSE, ASHOK BHUSHAN
(a) Criminal trial – FIR and Investigation – Recording of FIR not condition precedent for initiating criminal investigation – Discrepancy ... in recording time, not fatal to prosecution case – Held FIR not antetimed. ... trial – Delay in forwarding FIR to Magistrate – Not fatal if ....
2019 0 Supreme(Raj) 658 • India - Rajasthan
SANDEEP MEHTA, ABHAY CHATURVEDI
ill and evil intention of killing the girl and trying to destroy the evidence – Thus, Court view that the impugned judgment does not ... ill and evil intention of killing the girl and trying to destroy the evidence – Thus, Court view that the impugned judgment does not ... In a later case of Anjan Das Gupta, Hon'ble the Supreme Court held that even recording of the FIR is not a condition precedent for initiating criminal i....
2021 0 Supreme(Del) 1528 • India - Delhi
SUBRAMONIUM PRASAD
for investigation. ... and begins the investigation. ... Final Decision: The court directed the respondents to register a regular FIR instead of a 'Zero FIR' and conduct the investigation ... In other words, "reasonableness" or "credibility" of the said information is not a condition precedent for registration of a case. ... An overall reading of all the Codes makes it clear that the condition which is sine qua non for re....
1993 0 Supreme(P&H) 1103 • India - Punjab and Haryana
HARMOHINDER KAUR SANDHU
CRIMINAL PROCEDURE CODE - SECTION 145 - ORDER INITIATING PROCEEDINGS - CONDITIONS PRECEDENT - SATISFACTION OF MAGISTRATE - RECORDING ... 145 CrPC by not recording reasons for his satisfaction that a dispute existed likely to cause a breach of peace. ... Fact of the Case: Petitioners challenged the order initiating proceedings under Section 145 CrPC, alleging that the ... Ramshri and others, 1993(1) Recent Criminal Reports 696 (SC) : 1993(1) CLR 402....
2020 0 Supreme(P&H) 1852 • India - Punjab and Haryana
RAJ MOHAN SINGH
Govt. of U.P., emphasizing that the reliability, genuineness, and credibility of the information are not conditions precedent for ... FIR Registration - Criminal Procedure - Section 482 - [FIR Registration] - [Criminal Procedure] - [Section 154(1) Cr.P.C., Section ... (Criminal) 979. ... The correctness or reasonableness of the information is not a condition precedent for registration of a case as....
2013 0 Supreme(HP) 674 • India - Himachal Pradesh
RAJIV SHARMA
the nomination paper was based on the incorrect understanding of 'cognizance' and the candidate's failure to disclose the pending criminal ... requirements of disclosure under the Election Regulations, and the legality of rejecting the nomination paper based on the pending criminal ... framing of charges or a prima facie finding leading to the issuance of process, and the candidate's failure to disclose the pending criminal ... It is entirely a different thing from initiation of proceedings; rather it is the condition #H....
2008 0 Supreme(Bom) 345 • India - Bombay
A.A.SAYED, R.M.S.KHANDEPARKAR
which are to be complied with for effective investigation relating to criminal offences. ... -The investigation officers are not laymen but are trained in the matter of investigation and they are made aware of the requirement ... law against him in one way or the other and therefore certainly could be construed as gross criminal negligence. ... It is for this purpose that the petitioner seeks necessary direction for initiating necessary disciplinary proceedings, and o....
2024 0 Supreme(Mad) 856 • India - Madras
K. K. RAMAKRISHNAN
The court interpreted that the credibility of the information is not a condition precedent for registration, and the police must ... CRIMINAL REVISION PETITION - MISAPPROPRIATION OF FUNDS - Cr.P.C. ... The court highlighted that the investigation was not conducted properly and that the petitioner had provided sufficient documentation ... a condition precedent for registration of a case. ... In other words, reasonableness or credibility of the said in....
• India - Crimes
P.Sathasivam, B.S.Chauhan, Ranjana Prakash, Ranjan Gogoi
precedent for registration of a case—Condition that is sine qua non for recording FIR under Section 154 of Code is that there must ... (i) Criminal Procedure Code, 1973—Section 154—FIR—Registration of— Reasonableness or creditability of information is not a condition ... of—While registration of FIR is mandatory, arrest of accused immediately on registration of FIR is not at all mandatory—Registration ... In other ....
• India - Crimes
P.Sathasivam, B.S.Chauhan, Ranjana Prakash, Ranjan Gogoi, S.A.Bobde
precedent for registration of a case—Condition that is sine qua non for recording FIR under Section 154 of Code is that there must ... (A) Criminal Procedure Code, 1973—Section 154—FIR—Registration of— Reasonableness or creditability of information is not a condition ... of—While registration of FIR is mandatory, arrest of accused immediately on registration of FIR is not at all mandatory—Registration ... In other ....
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