Registration Of FIR Mandatory If Information Discloses Cognizable Offence : Supreme Court Reiterates

The Supreme Court recently reinforced the obligatory nature of registering First Information Reports (FIRs) under Section 154 of the Code of Criminal Procedure (CrPC) when the police received information pertaining to a cognizable offense.

A Bench of Justices Bela M. Trivedi and Justice Dipankar Dutta was hearing an appeal from a Bombay HC decision that refused to entertain a petition to direct the state to register a criminal case.

The bench observed “In the instant case, the complaints submitted by the appellant to the concerned respondents did disclose the commission of cognizable offence and also the names of the alleged offenders. In that view of the matter, we allow the present appeal and direct that the concerned respondents shall proceed further with the complaints filed by the appellant in accordance with law”.

The pronouncement is in line with the landmark decision of the Constitution Bench in Lalita Kumari v. State of Uttar Pradesh (2014) which underpins the imperative role of FIRs in ensuring prompt and accountable legal proceedings.

The court reiterated and summarised the law laid down regarding this-

• Mandatory FIR Registration- the registration of an FIR is obligatory when the information received clearly discloses the commission of a cognizable offense.
• Preliminary Inquiry- If the received information does not explicitly indicate a cognizable offense but suggests the need for an inquiry, a preliminary inquiry may be conducted. However, this inquiry should solely focus on determining whether a cognizable offense is disclosed or not.
• Inquiry Outcome: If the preliminary inquiry reveals the commission of a cognizable offense, the FIR must be registered. Conversely, if the inquiry concludes that a cognizable offense is not disclosed, a summary of the closure of the complaint, including concise reasons, should be promptly provided to the informant, within a week.
• Responsibility of Police Officer - Failure to register FIR may result in action against erring officers,
• Scope of Preliminary Inquiry: The Court clarifies that the scope of a preliminary inquiry is not to verify the accuracy of the received information, but rather to determine whether it reveals a cognizable offense. The types of cases warranting preliminary inquiries are specified, for example-matrimonial and family disputes
• Time-Bound Preliminary Inquiry- preliminary inquiries should be conducted within a time frame of no more than 7 days
• Inclusion in General Diary-This requirement encompasses details related to FIR registration, initiation of preliminary inquiries, and any subsequent developments. The inclusion of this information serves to enhance transparency and accountability
• Reflection of Delays- The causes for such delays must also be documented, ensuring a comprehensive record of the investigative timeline.

BACKGROUND OF THE CASE

The brother of the appellant was beaten up and he died on 3rd April 2020. On 5th April, the appellant went to the police station to file FIR but they didn’t register the case. Thereafter, they also submitted complaints but to no avail.

He approached the HC but it also dismissed his petition. Aggrieved by the same, he filed an appeal before Supreme Court.

Case title: Sindhu Janak Nagargoje v. State of Maharashtra

Citation: 2023 LiveLaw (SC) 639

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