Registration Of Fir Under Section 154 Crpc
What is FIR?
FIR (First Information Report) is the first step in the criminal justice process. It is a written document prepared by police when information about the commission of a cognizable offence is received.
Section 154 CrPC - Text:
Section 154(1): Information in cognizable cases must be reduced to writing by the police.
Section 154(2): The informant shall be given a copy of the FIR free of cost.
Section 154(3): If the information does not disclose a cognizable offence, the police shall forward the information to a Magistrate who may order an investigation.
Key Points:
Police must register an FIR when information discloses a cognizable offence.
Registration of FIR cannot be refused on grounds of jurisdiction, or other reasons.
FIR is not an investigation report; it merely records the complaint.
Delay in FIR registration can affect the case but does not bar filing.
If the police refuse to register an FIR, the complainant can approach Magistrate or High Court.
Case Laws Explaining Registration of FIR under Section 154 CrPC
1. Lalita Kumari vs. Govt. of UP, (2013) 4 SCC 1
Facts:
Petitioner challenged the refusal of police to register FIR.
Judgment:
Supreme Court laid down mandatory guidelines for FIR registration. It held:
Registration of FIR is mandatory if information discloses commission of cognizable offence.
Police cannot refuse FIR on preliminary grounds or jurisdiction.
Only when FIR does not disclose a cognizable offence, police should forward information to Magistrate.
Significance:
This case is a landmark judgment making FIR registration mandatory and clarifying the duty of police.
2. State of Haryana vs. Bhajan Lal (1992) Supp (1) SCC 335
Facts:
In this landmark judgment, the Court dealt with the misuse of FIR and police powers.
Judgment:
The Court categorized cases where investigation can be quashed for abuse of process. But FIR registration is mandatory where cognizable offence is disclosed.
Significance:
Clarified FIR registration duty but cautioned against misuse of FIR for harassment.
3. In Re: A Woman vs. State of Maharashtra, AIR 2013 SC 177
Facts:
Complaint about domestic violence; police delayed registration of FIR.
Judgment:
The Supreme Court reiterated police's duty to register FIR immediately and not delay.
Significance:
Delays violate rights of victims and delay in FIR registration can be challenged.
4. Ram Sharan Yadav vs. State of Bihar, AIR 1974 SC 1875
Facts:
Police refused to register FIR alleging non-cognizable offence.
Judgment:
The Court held that refusal to register FIR when cognizable offence is disclosed is illegal and violative of Section 154 CrPC.
Significance:
Underlined police obligation to register FIR in cognizable offence cases.
5. T.T. Antony vs. State of Kerala, AIR 2001 SC 490
Facts:
The complainant's FIR was refused by police alleging no cognizable offence.
Judgment:
Supreme Court held that FIR registration is necessary and refusal can be challenged by approaching Magistrate under Section 156(3) CrPC.
Significance:
Clarified remedy against refusal of FIR.
6. Bhim Singh vs. State of J&K, AIR 1986 SC 494
Facts:
Delay and refusal in FIR registration in a custodial death case.
Judgment:
The Court held police must register FIR immediately and any refusal causes grave injustice.
Significance:
Reinforced the mandatory nature of FIR registration in serious cases.
7. Joginder Kumar vs. State of UP, AIR 1994 SC 1349
Facts:
Related to illegal detention but also discussed police's power in investigation and FIR registration.
Judgment:
Court held police should be cautious before arrest but FIR registration should not be denied.
Significance:
Established police responsibilities and safeguards in FIR process.
Summary of Legal Principles on FIR Registration under Section 154 CrPC
| Case | Principle | Impact on FIR Registration |
|---|---|---|
| Lalita Kumari | FIR registration mandatory for cognizable offence | Stops police refusal of FIR |
| Bhajan Lal | FIR can be quashed if frivolous, but must be registered | Controls misuse of FIR |
| A Woman vs. Maharashtra | FIR must be registered without delay | Protects victims’ rights |
| Ram Sharan Yadav | Refusal to register FIR in cognizable offence is illegal | Obliges police to register FIR |
| T.T. Antony | Complainant can approach Magistrate if FIR refused | Remedies against FIR refusal |
| Bhim Singh | Immediate FIR registration in custodial death cases | Ensures prompt justice |
| Joginder Kumar | Police cannot refuse FIR, but arrest must be cautious | Balances police duty and personal liberty |
Additional Notes
FIR is not a final proof but initiates investigation.
Police cannot investigate without FIR in cognizable cases.
FIR registration can be challenged if malicious or baseless.
The magistrate has supervisory power to order FIR registration if police refuse.
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