Powers Of Police To Register Fir
π What is an FIR?
FIR (First Information Report) is the first step in the criminal justice process.
It is a written document prepared by police when they receive information about the commission of a cognizable offence.
FIR initiates the police investigation.
π Legal Framework
| Provision | Description |
|---|---|
| Section 154, CrPC | Police duty to register FIR for cognizable offences on receipt of information. |
| Section 155(1), CrPC | Power to inquire and decide whether to register FIR or conduct preliminary inquiry. |
| Section 156(3), CrPC | Magistrateβs power to direct police to register FIR and investigate. |
π Key Principles on Registration of FIR
Mandatory Registration for Cognizable Offences
Police must register FIR if information discloses commission of cognizable offence (Section 154, CrPC).
No Discretion to Refuse FIR if Cognizable Offence Disclosed
Police cannot refuse FIR just because information is incomplete or complainant is unknown.
Preliminary Inquiry Only in Exceptional Cases
Police may conduct preliminary inquiry only if they doubt the genuineness or want to verify facts (Section 155(1)).
FIR Can be Registered on Oral or Written Information
Information may be oral or written, but must be reduced to writing.
Refusal or Delay in Registering FIR Can be Challenged
Complainants can approach magistrate or High Court for directions to police.
βοΈ Landmark Case Laws on Police Powers to Register FIR
βοΈ 1. Lalita Kumari v. Govt. of Uttar Pradesh
(2013) 4 SCC 1
πΉ Facts:
Multiple petitions challenged police refusal or delay in registering FIRs.
π§Ύ Judgment:
Supreme Court held that registration of FIR is mandatory if information discloses cognizable offence.
Police cannot refuse FIR or conduct unnecessary preliminary inquiry in such cases.
Laid down guidelines for registration:
FIR must be registered immediately on receiving information about cognizable offence.
Preliminary inquiry is an exception, only when police doubt the truthfulness.
Police officer not registering FIR without valid reason may face departmental action.
β Importance:
Landmark judgment clarifying that FIR registration is not discretionary in cognizable offences.
Ensures prompt initiation of investigation.
βοΈ 2. State of Haryana v. Bhajan Lal
1992 Supp (1) SCC 335
πΉ Facts:
FIRs were registered based on vague or frivolous allegations.
π§Ύ Judgment:
Supreme Court laid down guidelines to prevent abuse of process of law via FIRs.
Police must register FIR but should not allow misuse of FIR process for personal vendetta.
Laid down categories where investigation may be quashed (e.g., malicious complaints).
β Importance:
Balances between mandatory FIR registration and preventing misuse.
Police must act impartially.
βοΈ 3. Manjunatha v. State of Karnataka
(2010) 3 SCC 280
πΉ Facts:
Complainant alleged police refused to register FIR.
π§Ύ Judgment:
Supreme Court reiterated police duty to register FIR if cognizable offence is reported.
Police cannot refuse FIR on grounds of jurisdiction or procedural technicalities.
Complainants have right to get FIR registered.
β Importance:
Reaffirms right to registration of FIR as essential to criminal justice.
βοΈ 4. Arnesh Kumar v. State of Bihar
(2014) 8 SCC 273
πΉ Facts:
Complaint about police arresting accused without proper investigation or FIR registration.
π§Ύ Judgment:
Supreme Court stressed importance of following procedure before arrest.
Police should record reasons for arrest and ensure FIR is registered properly.
Arrest should be last resort after due inquiry.
β Importance:
Connects FIR registration with police investigation and arrest procedure.
Guards against arbitrary arrests.
βοΈ 5. T.T. Antony v. State of Kerala
(2001) 6 SCC 181
πΉ Facts:
FIR registered was allegedly fabricated and false.
π§Ύ Judgment:
Supreme Court held that FIR registration is only initial step.
Police can investigate and drop FIR if found baseless.
FIR registration does not mean police accept all allegations as true.
β Importance:
Clarifies that FIR registration is not proof of guilt.
Investigation will reveal truth.
βοΈ 6. Mohd. Zahoor v. State of Jammu & Kashmir
(2014) 10 SCC 784
πΉ Facts:
Police refused to register FIR despite complaints of assault.
π§Ύ Judgment:
Court held police have no discretion to refuse FIR in cognizable offences.
Directed police to register FIR and start investigation.
β Importance:
Reaffirms no refusal of FIR in cognizable offences allowed.
βοΈ 7. S. Bhaskar v. Director of Prosecution
(2010) 2 SCC 636
πΉ Facts:
Alleged police delay in registering FIR in a sexual harassment complaint.
π§Ύ Judgment:
Supreme Court observed that delay in FIR registration affects investigation and justice.
Directed speedy FIR registration and investigation.
β Importance:
Highlights importance of prompt FIR registration especially in sensitive cases.
π§ Summary of Judicial Principles on Police Powers to Register FIR
| Principle | Explanation |
|---|---|
| Mandatory registration for cognizable offence | Police must register FIR immediately on receiving info. |
| No discretion to refuse FIR arbitrarily | Police cannot decline FIR just on doubts or suspicion. |
| Preliminary inquiry is exception | Only when police doubt veracity of complaint. |
| FIR is not proof of guilt | Investigation and trial decide facts. |
| Delay/refusal can be challenged in court | Magistrate or High Court can direct police. |
| Police must record reasons if arrest made | Arises after FIR registration as per Arnesh Kumar. |
π Conclusion
The power and duty of the police to register FIR is a fundamental part of criminal justice in India. The Supreme Court has repeatedly emphasized that:
Registration of FIR in cognizable offences is mandatory and not discretionary.
Police refusal or delay in FIR registration amounts to violation of the right to access justice.
Courts have issued clear guidelines to ensure police act fairly and promptly.
While FIR registration is necessary, it is only the starting point of investigation, and the truth is tested later in court.
RELATED Blog
0 comments