Section 154 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 154 — Bharatiya Sakshya Adhiniyam (BSA), 2023
Title of Section 154
“Duty to Record Information About a Cognizable Offence”
Substance of Section 154
Section 154 of the BSA, 2023 provides that:
Every officer-in-charge of a police station, on receiving information that a cognizable offence has been committed, shall record the information in writing and register a First Information Report (FIR), and proceed to investigate the matter in accordance with the law.
In simpler terms:
Any information about a cognizable offence (a serious offence where police can act without prior approval of a magistrate) must be formally recorded by the police.
The recording of the FIR is mandatory, and the police cannot refuse to register it.
Purpose and Rationale
The rationale behind Section 154 is:
Access to Justice – Ensures victims or informants can have their complaints officially documented.
Legal Mandate for Police – Prevents arbitrary refusal to record information about cognizable offences.
Foundation of Investigation – Recording the FIR is the first step in the criminal investigation.
Transparency and Accountability – Provides a formal document for courts and authorities.
Essential Elements of Section 154
To comply with Section 154, the following elements are required:
1. Receipt of Information
The officer must receive information about a cognizable offence.
Information may come from a victim, witness, or any person aware of the crime.
2. Cognizable Offence
Applies only to cognizable offences, i.e., serious offences like murder, robbery, assault, theft, fraud, etc.
Non-cognizable offences (less serious crimes) are handled differently and may require magistrate approval before investigation.
3. Recording in Writing
The officer must record the information in writing — either in the FIR register or electronically where permitted.
Verbal reports alone are not sufficient.
4. Obligation to Register FIR
After recording the information, the officer must register it as an FIR.
Registration is mandatory, and refusal is considered dereliction of duty.
Illustrations
Illustration 1 – Murder Report
A informs the police that B was murdered. The officer writes the complaint in the FIR register and initiates investigation.
Section 154 is fully complied with.
Illustration 2 – Police Refusal
A victim goes to the police, but the officer refuses to record a complaint about a robbery.
This violates Section 154. The victim may approach a higher authority or magistrate for enforcement.
Illustration 3 – Cognizable vs Non-Cognizable
Someone reports a minor trespass (non-cognizable).
Section 154 does not require FIR registration, but the officer may advise the informant on the proper procedure.
Legal Principles and Implications
Mandatory Duty
The officer has a legal obligation; failing to record an FIR is an offence.
Foundation for Investigation
Investigation cannot proceed without a properly registered FIR (except in exceptional circumstances like emergencies).
Cognizable Offences Only
Section 154 is limited to serious crimes; non-cognizable offences follow different procedures.
Rights of Informants
Protects the right of victims and witnesses to have their complaint officially recorded.
Judicial Review
Courts can order the registration of an FIR if police refuse, ensuring compliance with Section 154.
Practical Implications
For Police: Mandatory compliance ensures accountability and prevents arbitrary denial of justice.
For Public: Citizens can insist that their complaints of serious offences be formally registered.
For Investigation and Prosecution: FIR serves as the legal starting point for all subsequent investigation and prosecution proceedings.
Key Takeaways
Section 154 BSA mandates police to record information about cognizable offences.
Recording in writing and registration of FIR is essential.
It protects the rights of victims and witnesses.
Refusal to record can be challenged in court.
Provides the legal foundation for investigation and prosecution.
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