Section 155 of the Code of Criminal Procedure (CrPC) in India deals with the information in cognizable cases. It states that when a police officer receives information about the commission of a cognizable offense, he or she must record it in writing, and this written document is commonly known as the First Information Report (FIR).
An explanation of Section 155 and its significance, along with a landmark case that has influenced the interpretation of this section is as follows-
Section 155 of the CrPC emphasizes the importance of recording information about cognizable offenses promptly and accurately. It ensures that the police, upon receiving such information, take necessary steps to investigate the matter and bring the offenders to justice. The purpose of this provision is to maintain the integrity of the criminal justice system by ensuring the proper documentation and initiation of criminal proceedings.
Landmark Case: Lalita Kumari v. Government of Uttar Pradesh
One of the most significant cases regarding the registration of FIRs and Section 155 is Lalita Kumari v. Government of Uttar Pradesh, decided by the Supreme Court of India in 2014. This case clarified the mandatory requirement of registering an FIR in cognizable offenses.
In this case, the Supreme Court held that registration of an FIR is mandatory under Section 154 of the CrPC when information disclosing a cognizable offense is given to an officer in charge of a police station. The court further held that the police officer cannot conduct a preliminary inquiry before registering the FIR, except in exceptional circumstances such as receiving credible information about the commission of a non-cognizable offense or when the information lacks credibility. The court also ruled that the delay or hesitation in registering an FIR is not permissible, and any such delay must be properly explained by the police officer.
The Lalita Kumari case emphasized the significance of Section 155 of the CrPC and highlighted the duty of the police to promptly register FIRs in cognizable offenses. It established the principle that the police should not conduct a preliminary inquiry to assess the truthfulness of the information before registering an FIR. This judgment aimed to ensure that the process of criminal investigation is not compromised by delays or biases in registering FIRs.
