Key points pertaining to Registration of FIR and landmark case –
Section 154 of the Code of Criminal Procedure (CrPC) in India deals with the registration of First Information Reports. The key aspects of Section 154:
Duty to register: Under Section 154(1), it is the duty of every police officer to register an FIR if they receive information about the commission of a cognizable offense. A cognizable offense refers to an offense where the police can arrest an accused person without a warrant.
Information in writing: The information given to the police must be in writing. It can be in the form of a written complaint, a letter, or any other document that provides details about the alleged offense.
Contents of the FIR: The FIR should include the name and address of the person providing the information (complainant), the date, time, and place of the offense, and a brief description of the offense.
Recording of the FIR: Once the information is given in writing, the police officer receiving it must make a record of it in the book kept for that purpose. This book is called the General Diary or Station Diary.
Signed copy to the informant: The police officer is required to provide a copy of the FIR to the person who has given the information, free of cost. The complainant should sign the copy as proof of having received it.
Right to information: If the police officer refuses to register the FIR, the person providing the information can approach the Superintendent of Police (SP) or other higher-ranking officers to have the matter investigated.
One landmark case that highlights the importance of Section 154 and the registration of FIRs is Lalita Kumari v. Government of Uttar Pradesh (2014). In this case, the Supreme Court of India emphasized the mandatory nature of FIR registration under Section 154. The court held that whenever information about a cognizable offense is given to an officer in charge of a police station, he or she must record it as an FIR.
The court further clarified that the officer has no discretion to refuse the registration of an FIR in such cases. The information given to the police must be promptly and diligently recorded, and it is not necessary for the police to conduct a preliminary inquiry before registering an FIR. The court emphasized that the registration of an FIR is an essential step to protect the rights of the victims and initiate a fair investigation.
The Lalita Kumari case also laid down certain guidelines for the registration of FIRs in cases where there is a delay or hesitation in reporting the offense. The court held that even if there is a delay in reporting, the information should still be recorded as an FIR if the delay is satisfactorily explained. It is the duty of the police officer to record the reasons for the delay, and the validity of the reasons will be subject to judicial scrutiny.
The case reiterated the importance of Section 154 and emphasized that the registration of an FIR is the first step towards ensuring the protection of the rights of victims and the initiation of a fair investigation. It clarified that the police officer does not have the discretion to refuse registration, and any delay or hesitation in reporting the offense should not be a barrier to the registration of an FIR, provided there is a satisfactory explanation for the delay.
It is worth noting that while Lalita Kumari v. Government of Uttar Pradesh is a significant case that clarified the mandatory nature of FIR registration, there have been subsequent cases and developments in this area of law.
It is important to note that the registration of an FIR does not guarantee the guilt of the accused. It is merely the first step in the investigation process, where the police collect evidence, conduct inquiries, and take necessary legal actions based on the facts and circumstances of the case.
