Landmark Judgement Lalita Kumari v. Govt. of U.P [W.P.(Crl) No; 68/2008]
- The FIR registration is mandatory in case of a cognizable offence.
The landmark judgment delivered by the Constitutional Bench of the Supreme Court in Lalita Kumari v. Govt. of U.P in which the court ruled that registration of First Information Report is mandatory under Section 154 of the Code of Criminal Procedure if the received information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be initiated only to ascertain whether the cognizable offence is disclosed or not.
In this case, the court held that if the police received the information which discloses commission of a cognizable offence then there is the registration of F.I.R is mandatory in the concerned Police Station.
No Preliminary inquiry is permissible in such a situation. Police officials cannot avoid his duty of registering offence if a cognizable offence happens and which is disclosed through the received information.
Action must be taken against erring officers who do not register the FIR if information received by him discloses cognizable offences. The court ordered the, in any case, a preliminary inquiry should be initiated within 15 days in normal cases and six weeks in exceptional cases.
The Supreme Court issued the following Eight Guidelines regarding the registration of FIR.
- Registration of FIR is mandatory under Section 154 of the Code if the information discloses the commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
- If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether the cognizable offence is disclosed or not.
- If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.
- The police officer cannot avoid his duty of registering offence if a cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.
- The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.
- As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under:
(a) Matrimonial disputes/ family disputes
(b)Commercial offences
(c) Medical negligence cases
(d)Corruption cases
(e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for the delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.
- While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time-bound and in any case, it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry.
- Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.
