Lalita Kumari Vs Govt of UP and Ors

MANU/SC/1166/2013
Equivalent Citation: 2013XII AD (S.C .) 209, AIR2014SC 187, 2014 (1) ALD(C rl.) 159 (SC ), 2014 (84) ALLC C 719, 2013ALLMR(C ri)4444,
2013ALLMR(C ri)4444(SC ), 2014 (1) ALT (C rl.) 100 (A.P.), 2013BomC R(C ri)680, 2013(4)BomC R(C ri)680, 2014(2) C HN (SC ) 7, 2014C riLJ470,
2013(6)C TC 353, 2014(2)GLD355 (SC ), 2014(2)GLT(SC )1, 2013(4)J.L.J.R.505, 2014(1)JC C 1, JT2013(14)SC 399, 2014(2)KC C R1305, 2013 (4)
KHC 552, 2013(4)KLJ686, 2013(4)KLT632(SC ), 2014-1-LW(C rl)1, 2013(4)MLJ(C rl)579, 2013(5)MPHT336(SC ), 2014(1)N.C .C .161, 2014(I)OLR5,
2014(1)OLR(SC )5, 2013(4)PLJR504, 2013(4)RC R(C riminal)979, 2013(13)SC ALE559, (2014)2SC C 1, 2014 (1) SC J 68, 2013(3)UC 2017
IN THE SUPREME COURT OF INDIA

Writ Petition (Criminal) No. 68 of 2008, Contempt Petition (C) No. D26722 of 2008 in
Writ Petition (Criminal) No. 68 of 2008, S.L.P. (Crl.) No. 5986 of 2006, S.L.P. (Crl.)
No. 5200 of 2009, Criminal Appeal No. 1410 of 2011 and Criminal Appeal No. 1267
of 2007 (Under Article 32 of the Constitution of India)
Decided On: 12.11.2013
Appellants: Lalita Kumari
Vs.
Respondent: Govt. of U.P. and Ors.
Hon'ble Judges/Coram:
P. Sathasivam, C.J.I., B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi and S.A.
Bobde, JJ.
Counsels:
For Appearing Parties: Mohan Parasaran, SG, K.V. Vishwanathan, A.S. Chandhiok,
Sidharth Luthra, ASG, S.B. Upadhyay, R.K. Dash, Vibha Datta Makhija, Shekhar
Naphade, Sr. Advs., Krishna Sarma, V. Madhukar, Subramonium Prasad, Manjit Singh,
Manish Singhvi, AAG, Mona K. Rajvanshi, B.K. Shahi, Anurag Kashyap, B.P. Gupta,
Ashwani Kumar, G. Sivabalamurugan, Anis Mohammad, Dayanandan Pandey, L.K.
Pandey, Abhijat P. Medh, Shalu Sharma, Sudarshan Singh Rawat, Debasis Misra,
Satya Siddiqui, Sarfraz A. Siddiqui, S.K. Mishra, D.S. Mahra, Ashok Dhamija, Rajiv
Nanda, Sonia Dhamija, P.K. Dey, T.A. Khan, B.V. Balram Das, Gaurav Srivastava,
Archana Singh, Abhisth Kumar, Vikrant Yadav, Kamalendra Mishra, C.D. Singh, Arjun
Dewan, Supriya Juneja, Gurmohan Singh Bedi, Anandana Handa, Charul Sarin, Mishra
Saurabh, Sanjay Kharde, Shankar Chillarge, Sachin Patil, Shubhangi Tuli, Asha G.
Nair, Ravindra Keshavrao Adsure, Advs. for M/s. Arputham Aruna and Co., Sharmila
Upadhyay, Debasis Mishra, Ena Toli Sema, Hemantika Wahi, Parul Kumari, Anil
Shrivastav, Rituraj Biswas, Sapam Biswajit Meitei, Khwairakpam Nobin Singh, Kamini
Jaiswal, Jatinder Kumar Bhatia, Mukesh Verma, Naresh K. Sharma, P.V. Dinesh, Anitha
Shenoy, Gopal Singh, Manish Kumar, Chandan Kumar, Ritu Raj Biswas, Anil K. Jha,
Riku Sarma, Navnit Kumar, Advs. for M/s. Corporate Law Group, Sumita Hazarika,
Satish Vig, Aruneshwar Gupta, D. Bharathi Reddy, V.G. Pragasam, S.J. Aristotle,
Prabhu Ramasubramanian, Dharmendra Kumar Sinha, Ajay Pal, R. Nedumaran, Ranjan
Mukherjee, A. Subhashini, Monika Gusain, S. Thannanjayan, Sudharshan Singh
Rawat, Rameshwar Prasad Goyal, Dinesh Sharma, Paritosh Anil, Anvita Cowshish,
Kuldip Singh, M. Yogesh Kanna, Vanita Chandrakant Giri, A. Shanta Kumar, Sasikala,
K.N. Madhusoodhanan, R. Sathish, Vivekta Singh, Tarjit Singh, Vikas Sharma, Vinay
Kuhar, Kamal Mohan Gupta, Amit Lubhaya and Irshad Ahmad, Advs.
09-08-2018 (Page 1 of 42) www.manupatra.com Alliance University

Case Note:
Criminal - Cognizable offence - Receipt of information - Police officer -
Foremost duty - Present reference moved seeking to direct Police Officers to
register FIR as their foremost duty on receiving complaint about cognizable
offence - Whether a police officer is bound to register First Information
Report (FIR) upon receiving any information relating to commission of a
cognizable offence under Section 154 of Code of Criminal Procedure, 1973 -
Whether a police officer has power to conduct a "preliminary inquiry" in
order to test veracity of such information before registering FIR
Facts:
The present writ petition, under Article 32 of the Constitution, has been
filed by one Lalita Kumari (minor) through her father, viz., Shri Bhola
Kamat for the issuance of a writ of Habeas Corpus or direction(s) of like
nature against the Respondents herein for the protection of his minor
daughter who has been kidnapped. The grievance in the said writ petition
is that on 11.05.2008, a written report was submitted by the Petitioner
before the officer in-charge of the police station concerned who did not
take any action on the same. Thereafter, when the Superintendent of Police
was moved, an FIR was registered. According to the Petitioner, even
thereafter, steps were not taken either for apprehending the accused or for
the recovery of the minor girl child.
Held, while disposing off the reference
(1) As such, a significant change that took place by way of the 1898 Code
was with respect to the placement of Section 154, i.e., the provision
imposing requirement of recording the first information regarding
commission of a cognizable offence in the special book prior to Section 156,
i.e., the provision empowering the police officer to investigate a cognizable
offence. As such, the objective of such placement of provisions was clear
which was to ensure that the recording of the first information should be
the starting point of any investigation by the police. In the interest of
expediency of investigation since there was no safeguard of obtaining
permission from the Magistrate to commence an investigation, the said
procedure of recording first information in their books along with the
signature/seal of the informant, would act as an "extremely valuable
safeguard" against the excessive, mala fide and illegal exercise of
investigative powers by the police. [31] (2) The use of the word "shall" in
Section 154(1) of the Code clearly shows the legislative intent that it is
mandatory to register an FIR if the information given to the police discloses
the commission of a cognizable offence. [40]
(3) The First Information Report is in fact the "information" that is received
first in point of time, which is either given in writing or is reduced to
writing. It is not the "substance" of it, which is to be entered in the diary
prescribed by the State Government. [48]
(4) The non qualification of the word "information" in Section 154(1)
unlike in Section 41(1)(a) and (g) of the Code is for the reason that the
police officer should not refuse to record any information relating to the

commission of a cognizable offence on the ground that he is not satisfied
with the reasonableness or credibility of the information. [64]
(5) In terms of the language used in Section 154 of the Code, the police is
duty bound to proceed to conduct investigation into a cognizable offence
even without receiving information (i.e. FIR) about commission of such an
offence, if the officer in charge of the police station otherwise suspects the
commission of such an offence. The legislative intent is therefore quite
clear, i.e., to ensure that every cognizable offence is promptly investigated
in accordance with law. This being the legal position, there is no reason
that there should be any discretion or option left with the police to register
or not to register an FIR when information is given about the commission of
a cognizable offence. Every cognizable offence must be investigated
promptly in accordance with law and all information provided under
Section154 of the Code about the commission of a cognizable offence must
be registered as an FIR so as to initiate an offence. [73]
(6) Conducting an investigation into an offence after registration of FIR
under Section 154 of the Code is the "procedure established by law" and,
thus, is in conformity with Article 21 of the Constitution. Accordingly, the
right of the accused under Article 21 of the Constitution is protected if the
FIR is registered first and then the investigation is conducted in accordance
with the provisions of law. [76]
(7) The object sought to be achieved by registering the earliest information
as FIR is inter alia two fold: one, that the criminal process is set into
motion and is well documented from the very start; and second, that the
earliest information received in relation to the commission of a cognizable
offence is recorded so that there cannot be any embellishment etc., later.
[83]
(8) The registration of FIR either on the basis of the information furnished
by the informant under Section 154(1) of the Code or otherwise under
Section 157(1) of the Code is obligatory. [88]
(9) While registration of FIR is mandatory, arrest of the accused
immediately on registration of FIR is not at all mandatory. [98]
(10) Registration of FIR is mandatory under Section 154 of the Code, if the
information discloses commission of a cognizable offence and no
preliminary inquiry is permissible in such a situation. If the information
received does not disclose a cognizable offence but indicates the necessity
for an inquiry, a preliminary inquiry may be conducted only to ascertain
whether cognizable offence is disclosed or not. [111]
(11) As to what type and in which cases preliminary inquiry is to be
conducted will depend on the facts and circumstances of each case. [111]
JUDGMENT
P. Sathasivam, C.J.I.
1 . The important issue which arises for consideration in the referred matter is

whether "a police officer is bound to register a First Information Report (FIR) upon
receiving any information relating to commission of a cognizable offence under
Section 154 of the Code of Criminal Procedure, 1973 (in short 'the Code') or the
police officer has the power to conduct a "preliminary inquiry" in order to test the
veracity of such information before registering the same?"
2 . The present writ petition, under Article 32 of the Constitution, has been filed by
one Lalita Kumari (minor) through her father, viz., Shri Bhola Kamat for the issuance
of a writ of Habeas Corpus or direction(s) of like nature against the Respondents
herein for the protection of his minor daughter who has been kidnapped. The
grievance in the said writ petition is that on 11.05.2008, a written report was
submitted by the Petitioner before the officer in-charge of the police station
concerned who did not take any action on the same. Thereafter, when the
Superintendent of Police was moved, an FIR was registered. According to the
Petitioner, even thereafter, steps were not taken either for apprehending the accused
or for the recovery of the minor girl child.
3 . A two-Judge Bench of this Court in, Lalita Kumari v. Government of Uttar
Pradesh and Ors. (2008) 7 SCC 164, after noticing the disparity in registration of
FIRs by police officers on case to case basis across the country, issued notice to the
Union of India, the Chief Secretaries of all the States and Union Territories and
Director Generals of Police/Commissioners of Police to the effect that if steps are not
taken for registration of FIRs immediately and the copies thereof are not handed over
to the complainants, they may move the Magistrates concerned by filing complaint
petitions for appropriate direction(s) to the police to register the case immediately
and for apprehending the accused persons, failing which, contempt proceedings must
be initiated against such delinquent police officers if no sufficient cause is shown.
4 . Pursuant to the above directions, when the matter was heard by the very same
Bench in Lalita Kumari v. Government of Uttar Pradesh and Ors. (2008) 14
SCC 337, Mr. S.B. Upadhyay, learned senior counsel for the Petitioner, projected his
claim that upon receipt of information by a police officer in-charge of a police station
disclosing a cognizable offence, it is imperative for him to register a case under
Section 154 of the Code and placed reliance upon two-Judge Bench decisions of this
Court in State of Haryana v. Bhajan Lal MANU/SC/0115/1992 : 1992 Supp. (1)
SCC 335, Ramesh Kumari v. State (NCT of Delhi) MANU/SC/8037/2006 : (2006)
2 SCC 677 and Parkash Singh Badal v. State of Punjab MANU/SC/5415/2006 :
(2007) 1 SCC 1. On the other hand, Mr. Shekhar Naphade, learned senior Counsel for
the State of Maharashtra submitted that an officer in-charge of a police station is not
obliged under law, upon receipt of information disclosing commission of a cognizable
offence, to register a case rather the discretion lies with him, in appropriate cases, to
hold some sort of preliminary inquiry in relation to the veracity or otherwise of the
accusations made in the report. In support of his submission, he placed reliance upon
two-Judge Bench decisions of this Court in P. Sirajuddin v. State of Madras
MANU/SC/0158/1970 : (1970) 1 SCC 595,Sevi v. State of Tamil Nadu
MANU/SC/0218/1981 : 1981 Supp SCC 43,Shashikant v. Central Bureau of
Investigation MANU/SC/8639/2006 : (2007) 1 SCC 630, andRajinder Singh
Katoch v. Chandigarh Admn. MANU/SC/8052/2007 : (2007) 10 SCC 69. In view of
the conflicting decisions of this Court on the issue, the said bench, vide order dated
16.09.2008, referred the same to a larger bench.
5. Ensuing compliance to the above direction, the matter pertaining to Lalita Kumari
was heard by a Bench of three-Judges in Lalita Kumari v. Government of Uttar

Pradesh and Ors. MANU/SC/0157/2012 : (2012) 4 SCC 1 wherein, this Court, after
hearing various counsel representing Union of India, States and Union Territories and
also after adverting to all the conflicting decisions extensively, referred the matter to
a Constitution Bench while concluding as under:
97. We have carefully analysed various judgments delivered by this Court in
the last several decades. We clearly discern divergent judicial opinions of
this Court on the main issue: whether under Section 154 Code of Criminal
Procedure, a police officer is bound to register an FIR when a cognizable
offence is made out or he (police officer) has an option, discretion or latitude
of conducting some kind of preliminary inquiry before registering the FIR.
9 8 . The learned Counsel appearing for the Union of India and different
States have expressed totally divergent views even before this Court. This
Court also carved out a special category in the case of medical doctors in the
aforementioned cases of Santosh Kumar and Suresh Gupta where preliminary
inquiry had been postulated before registering an FIR. Some counsel also
submitted that the CBI Manual also envisages some kind of preliminary
inquiry before registering the FIR.
99. The issue which has arisen for consideration in these cases is of great
public importance. In view of the divergent opinions in a large number of
cases decided by this Court, it has become extremely important to have a
clear enunciation of law and adjudication by a larger Bench of this Court for
the benefit of all concerned--the courts, the investigating agencies and the
citizens.
100. Consequently, we request the Hon'ble the Chief Justice to refer these
matters to a Constitution Bench of at least five Judges of this Court for an
authoritative judgment.
6 . Therefore, the only question before this Constitution Bench relates to the
interpretation of Section 154 of the Code and incidentally to consider Sections 156
and 157 also.
7 . Heard Mr. S.B. Upadhyay, learned senior counsel for the Petitioner, Mr. K.V.
Vishwanathan, learned Additional Solicitor General for the Union of India, Mr.
Sidharth Luthra, learned Additional Solicitor General for the State of Chhattisgarh,
Mr. Shekhar Naphade, Mr. R.K. Dash, Ms. Vibha Datta Makhija, learned senior
counsel for the State of Maharashtra, U.P. and M.P. respectively, Mr. G.
Sivabalamurugan, learned Counsel for the accused, Dr. Ashok Dhamija, learned
Counsel for the CBI, Mr. Kalyan Bandopodhya, learned senior counsel for the State of
West Bengal, Dr. Manish Singhvi, learned AAG for the State of Rajasthan and Mr.
Sudarshan Singh Rawat.
8. In order to answer the main issue posed before this Bench, it is useful to refer the
following Sections of the Code:
154. Information in cognizable cases.-- (1) Every information relating to
the commission of a cognizable offence, if given orally to an officer in charge
of a police station, shall be reduced to writing by him or under his direction,
and be read over to the informant; and every such information, whether
given in writing or reduced to writing as aforesaid, shall be signed by the
person giving it, and the substance thereof shall be entered in a book to be

kept by such officer in such form as the State Government may prescribe in
this behalf.
(2) A copy of the information as recorded under Sub-section (1) shall be
given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a
police station to record the information referred to in Sub-section (1) may
send the substance of such information, in writing and by post, to the
Superintendent of Police concerned who, if satisfied that such information
discloses the commission of a cognizable offence, shall either investigate the
case himself or direct an investigation to be made by any police officer
subordinate to him, in the manner provided by this Code, and such officer
shall have all the powers of an officer in charge of the police station in
relation to that offence.
156. Police officer's power to investigate cognizable case. (1) Any
officer in charge of a police station may, without the order of a Magistrate,
investigate any cognizable case which a Court having jurisdiction over the
local area within the limits of such station would have power to inquire into
or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be
called in question on the ground that the case was one which such officer
was not empowered under this section to investigate.
(3) Any Magistrate empowered under Section 190 may order such an
investigation as above-mentioned.
157. Procedure for investigation: (1) If, from information received or
otherwise, an officer in charge of a police station has reason to suspect the
commission of an offence which he is empowered under Section 156 to
investigate, he shall forthwith send a report of the same to a Magistrate
empowered to take cognizance of such offence upon a police report and shall
proceed in person, or shall depute one of his subordinate officers not being
below such rank as the State Government may, by general or special order,
prescribe in this behalf, to proceed, to the spot, to investigate the facts and
circumstances of the case, and, if necessary, to take measures for the
discovery and arrest of the offender:
Provided that-
(a) when information as to the commission of any such offence is
given against any person by name and the case is not of a serious
nature, the officer in charge of a police station need not proceed in
person or depute a subordinate officer to make an investigation on
the spot;
(b) if it appears to the officer in charge of a police station that there
is no sufficient ground for entering on an investigation, he shall not
investigate the case.
Provided further that in relation to an offence of rape, the recording
of statement of the victim shall be conducted at the residence of the

victim or in the place of her choice and as far as practicable by a
woman police officer in the presence of her parents or guardian or
near relatives or social worker of the locality.
(2) In each of the cases mentioned in Clauses (a) and (b) of the
proviso to Sub-section (1), the officer in charge of the police station
shall state in his report his reasons for not fully complying with the
requirements of that subsection, and, in the case mentioned in
Clause (b) of the said proviso, the officer shall also forthwith notify
to the informant, if any, in such manner as may be prescribed by the
State Government, the fact that he will not investigate the case or
cause it to be investigated.
Contentions:
9. At the foremost, Mr. S.B. Upadhyay, learned senior counsel, while explaining the
conditions mentioned in Section 154 submitted that Section 154(1) is mandatory as
the use of the word 'shall' is indicative of the statutory intent of the legislature. He
also contended that there is no discretion left to the police officer except to register
an FIR. In support of the above proposition, he relied on the following decisions,
viz., B. Premanand and Ors. v. Mohan Koikal and Ors. MANU/SC/0249/2011 :
(2011) 4 SCC 266, M/s. Hiralal Rattanlal Etc. Etc. v. State of U.P. and Anr.
Etc. Etc. MANU/SC/0553/1972 : (1973) 1 SCC 216 andGovindlal Chhaganlal
Patel v. Agricultural Produce Market Committee, Godhra and Ors.
MANU/SC/0125/1975 : (1975) 2 SCC 482.
10. Mr. Upadhyay, by further drawing our attention to the language used in Section
154(1) of the Code, contended that it merely mentions 'information' without prefixing
the words 'reasonable' or 'credible'. In order to substantiate this claim, he relied on
the following decisions, viz., Bhajan Lal (supra), Ganesh Bhavan Patel and Anr.
v . State of Maharashtra MANU/SC/0083/1978 : (1978) 4 SCC 371,Aleque
Padamsee and Ors. v. Union of India and Ors. MANU/SC/2975/2007 : (2007) 6
SCC 171, Ramesh Kumari (supra), Ram Lal Narang v. State (Delhi
Administration) MANU/SC/0216/1979 : (1979) 2 SCC 322 andLallan Chaudhary
and Ors. v. State of Bihar and Anr. MANU/SC/4524/2006 : (2006) 12 SCC 229.
Besides, he also brought to light various adverse impacts of allowing police officers
to hold preliminary inquiry before registering an FIR.
1 1 . Mr. K.V. Viswanathan, learned Additional Solicitor General appearing on
behalf of Union of India submitted that in all the cases where information is received
under Section 154 of the Code, it is mandatory for the police to forthwith enter the
same into the register maintained for the said purpose, if the same relates to
commission of a cognizable offence. According to learned ASG, the police authorities
have no discretion or authority, whatsoever, to ascertain the veracity of such
information before deciding to register it. He also pointed out that a police officer,
who proceeds to the spot under Sections 156 and 157 of the Code, on the basis of
either a cryptic information or source information, or a rumour etc., has to
immediately, on gathering information relating to the commission of a cognizable
offence, send a report (ruqqa) to the police station so that the same can be
registered as FIR. He also highlighted the scheme of the Code relating to the
registration of FIR, arrest, various protections provided to the accused and the power
of police to close investigation. In support of his claim, he relied on various decisions
of this Court viz., Bhajan Lal (supra), Ramesh Kumari (supra) and Aleque

Padamsee (supra). He also deliberated upon the distinguishable judgments in
conflict with the mandatory proposition, viz., State of Uttar Pradesh v. Bhagwant
Kishore Joshi MANU/SC/0066/1963 : (1964) 3 SCR 71,P. Sirajuddin (supra),
Sevi (supra), Shashikant (supra), Rajinder Singh Katoch (supra), Jacob
Mathew v. State of Punjab and Anr. MANU/SC/0457/2005 : (2005) 6 SCC 1. He
concluded his arguments by saying that if any information disclosing a cognizable
offence is led before an officer in-charge of a police station satisfying the
requirements of Section 154(1) of the Code, the said police officer has no other
option except to enter the substance thereof in the prescribed form, that is to say, to
register a case on the basis of such information. Further, he emphasized upon
various safeguards provided under the Code against filing a false case.
12. Dr. Ashok Dhamija, learned Counsel for the CBI, submitted that the use of the
word "shall" under Section 154(1) of the Code clearly mandates that if the
information given to a police officer relates to the commission of a cognizable
offence, then it is mandatory for him to register the offence. According to learned
Counsel, in such circumstances, there is no option or discretion given to the police.
He further contended that the word "shall" clearly implies a mandate and is
unmistakably indicative of the statutory intent. What is necessary, according to him,
is only that the information given to the police must disclose commission of a
cognizable offence. He also contended that Section 154 of the Code uses the word
"information" simpliciter and does not use the qualified words such as "credible
information" or "reasonable complaint". Thus, the intention of the Parliament is
unequivocally clear from the language employed that a mere information relating to
commission of a cognizable offence is sufficient to register an FIR. He also relied on
Bhajan Lal (supra), Ramesh Kumari (supra), Aleque Padamsee (supra),
Lallan Chaudhary (supra), Superintendent of Police, CBI v. Tapan Kumar
Singh MANU/SC/0299/2003 : (2003) 6 SCC 175,M/s. Hiralal Rattanlal (supra),
B. Premanand (supra), Khub Chand v. State of Rajasthan
MANU/SC/0015/1966 : AIR 1967 SC 1074,P. Sirajuddin (supra), Rajinder Singh
Katoch (supra), Bhagwant Kishore Joshi (supra), State of West Bengal v.
Committee for Protection of Democratic Rights, West Bengal
MANU/SC/0121/2010 : (2010) 3 SCC 571. He also pointed out various safeguards
provided in the Code against filing a false case. In the end, he concluded by
reiterating that the registration of FIR is mandatory under Section 154 of the Code, if
the information discloses commission of a cognizable offence and no preliminary
inquiry is permissible in such a situation. Further, he also clarified that the
preliminary inquiry conducted by the CBI, under certain situations, as provided under
the CBI Crime Manual, stands on a different footing due to the special provisions
relating to the CBI contained in the Delhi Special Police Establishment Act, 1946,
which is saved under Sections 4(2) and 5 of the Code.
13. Mr. Kalyan Bandopadhyay, learned senior Counsel appearing on behalf of the
State of West Bengal, submitted that whenever any information relating to
commission of a cognizable offence is received, it is the duty of the officer in-charge
of a police station to record the same and a copy of such information, shall be given
forthwith, free of cost, to the informant under Section 154(2) of the Code. According
to him, a police officer has no other alternative but to record the information in
relation to a cognizable offence in the first instance. He also highlighted various
subsequent steps to be followed by the police officer pursuant to the registration of
an FIR. With regard to the scope of Section 154 of the Code, he relied on H.N.
Rishbud and Inder Singh v. State of Delhi MANU/SC/0049/1954 : AIR 1955 SC
1 9 6 , Bhajan Lal (supra), S.N. Sharma v. Bipen Kumar Tiwari

MANU/SC/0182/1970 : (1970) 1 SCC 653,Union of India v. Prakash P. Hinduja
MANU/SC/0446/2003 : (2003) 6 SCC 195, Sheikh Hasib alias Tabarak v. State of
Bihar MANU/SC/0180/1971 : (1972) 4 SCC 773,Shashikant (supra), Ashok
Kumar Todi v. Kishwar Jahan and Ors. MANU/SC/0162/2011 : (2011) 3 SCC 758,
Padma Sundara Rao (Dead) and Ors. v. State of T.N. and Ors.
MANU/SC/0182/2002 : (2002) 3 SCC 533,P. Sirajuddin (supra), Rajinder Singh
Katoch (supra), Bhagwant Kishore Joshi (supra) and Mannalal Khatic v. The
State MANU/WB/0117/1967 : AIR 1967 Cal 478.
1 4 . Dr. Manish Singhvi, learned Additional Advocate General for the State of
Rajasthan, submitted that Section 154(1) of the Code mandates compulsory
registration of FIR. He also highlighted various safeguards inbuilt in the Code for
lodging of false FIRs. He also pointed out that the only exception relates to cases
arising under the Prevention of Corruption Act as, in those cases, sanction is
necessary before taking cognizance by the Magistrates and the public servants are
accorded some kind of protection so that vexatious cases cannot be filed to harass
them.
15. Mr. G. Sivabalamurugan, learned Counsel for the Appellant in Criminal Appeal
No. 1410 of 2011, after tracing the earlier history, viz., the relevant provisions in the
Code of Criminal Procedure of 1861, 1872, 1882 and 1898 stressed as to why the
compulsory registration of FIR is mandatory. He also highlighted the
recommendations of the Report of the 41st Law Commission and insertion of Section
13 of the Criminal Law (Amendment) Act, 2013 with effect from 03.02.2013.
16. Mr. R.K. Dash, learned senior counsel appearing for the State of Uttar Pradesh,
though initially commenced his arguments by asserting that in order to check
unnecessary harassment to innocent persons at the behest of unscrupulous
complainants, it is desirable that a preliminary inquiry into the allegations should
precede with the registration of FIR but subsequently after considering the salient
features of the Code, various provisions like Sections 2(4)(h), 156(1), 202(1), 164,
various provisions from the U.P. Police Regulations, learned senior counsel contended
that in no case recording of FIR should be deferred till verification of its truth or
otherwise in case of information relating to a cognizable offence. In addition to the
same, he also relied on various pronouncements of this Court, such as, Mohindro v.
State of Punjab MANU/SC/1010/2001 : (2001) 9 SCC 581,Ramesh Kumari
(supra), Bhajan Lal (supra), Parkash Singh Badal (supra), Munna Lal v.
State of Himachal Pradesh MANU/HP/0033/1991 : 1992 Crl. L.J. 1558,Giridhari
Lal Kanak v. State and Ors. MANU/MP/0620/2001 : 2002 Crl. L.J. 2113 and
Katteri Moideen Kutty Haji v. State of Kerala MANU/KE/0071/2002 : 2002 (2)
Crimes 143. Finally, he concluded that when the statutory provisions, as envisaged in
Chapter XII of the Code, are clear and unambiguous, it would not be legally
permissible to allow the police to make a preliminary inquiry into the allegations
before registering an FIR under Section 154 of the Code.
1 7 . Mr. Sidharth Luthra, learned Additional Solicitor General appearing for the
State of Chhattisgarh, commenced his arguments by emphasizing the scope of
reference before the Constitution Bench. Subsequently, he elaborated on various
judgments which held that an investigating officer, on receiving information of
commission of a cognizable offence under Section 154 of the Code, has power to
conduct preliminary inquiry before registration of FIR, viz., Bhagwant Kishore
Joshi (supra), P. Sirajuddin (supra), Sevi (supra) and Rajinder Singh Katoch
(supra). Concurrently, he also brought to our notice the following decisions, viz.,

Bhajan Lal (supra), Ramesh Kumari (supra), Parkash Singh Badal (supra),
and Aleque Padamsee (supra), which held that a police officer is duty bound to
register an FIR, upon receipt of information disclosing commission of a cognizable
offence and the power of preliminary inquiry does not exist under the mandate of
Section 154. Learned ASG has put forth a comparative analysis of Section 154 of the
Code of Criminal Procedure of 1898 and of 1973. He also highlighted that every
activity which occurs in a police station [Section 2(s)] is entered in a diary
maintained at the police station which may be called as the General Diary, Station
Diary or Daily Diary. He underlined the relevance of General Diary by referring to
various judicial decisions such as Tapan Kumar Singh (supra), Re:
Subbaratnam and Ors. AIR 1949 Madras 663. He further pointed out that,
presently, throughout the country, in matrimonial, commercial, medical negligence
and corruption related offences, there exist provisions for conducting an inquiry or
preliminary inquiry by the police, without/before registering an FIR under Section
154 of the Code. He also brought to our notice various police rules prevailing in the
States of Punjab, Rajasthan, U.P., Madhya Pradesh, Kolkata, Bombay, etc., for
conducting an inquiry before registering an FIR. Besides, he also attempted to draw
an inference from the Crime Manual of the CBI to highlight that a preliminary inquiry
before registering a case is permissible and legitimate in the eyes of law. Adverting
to the above contentions, he concluded by pleading that preliminary inquiry before
registration of an FIR should be held permissible. Further, he emphasized that the
power to carry out an inquiry or preliminary inquiry by the police, which precedes the
registration of FIR will eliminate the misuse of the process, as the registration of FIR
serves as an impediment against a person for various important activities like
applying for a job or a passport, etc. Learned ASG further requested this Court to
frame guidelines for certain category of cases in which preliminary inquiry should be
made.
18. Mr. Shekhar Naphade, learned senior counsel appearing on behalf of the State
of Maharashtra, submitted that ordinarily the Station House Officer (SHO) should
record an FIR upon receiving a complaint disclosing the ingredients of a cognizable
offence, but in certain situations, in case of doubt about the correctness or credibility
of the information, he should have the discretion of holding a preliminary inquiry and
thereafter, if he is satisfied that there is a prima facie case for investigation, register
the FIR. A mandatory duty of registering FIR should not be cast upon him. According
to him, this interpretation would harmonize two extreme positions, viz., the
proposition that the moment the complaint disclosing ingredients of a cognizable
offence is lodged, the police officer must register an FIR without any scrutiny
whatsoever is an extreme proposition and is contrary to the mandate of Article 21 of
the Constitution of India, similarly, the other extreme point of view is that the police
officer must investigate the case substantially before registering an FIR. Accordingly,
he pointed out that both must be rejected and a middle path must be chosen. He also
submitted the following judgments, viz., Bhajan Lal (supra), Ramesh Kumari
(supra), Parkash Singh Badal (supra), and Aleque Padamsee (supra) wherein
it has been held that if a complaint alleging commission of a cognizable offence is
received in the police station, then the SHO has no other option but to register an FIR
under Section 154 of the Code. According to learned senior counsel, these verdicts
require reconsideration as they have interpreted Section 154 de hors the other
provisions of the Code and have failed to consider the impact of Article 21 on Section
154 of the Code.
19. Alongside, he pointed out the following decisions, viz., Rajinder Singh Katoch
(supra), P. Sirajuddin (supra), Bhagwant Kishore Joshi (supra) and Sevi

(supra), which hold that before registering an FIR under Section 154 of the Code, it
is open to the police officer to hold a preliminary inquiry to ascertain whether there is
a prima facie case of commission of a cognizable offence or not. According to learned
senior counsel, Section 154 of the Code forms part of a chain of statutory provisions
relating to investigation and, therefore, the scheme of provisions of Sections 41, 157,
167, 169, etc., must have a bearing on the interpretation of Section 154. In addition,
he emphasized that giving a literal interpretation would reduce the registration of FIR
to a mechanical act. Parallelly, he underscored the impact of Article 21 on Section
154 of the Code by referring to Maneka Gandhi v. Union of India
MANU/SC/0133/1978 : (1978) 1 SCC 248, wherein this Court has applied Article 21
to several provisions relating to criminal law. This Court has also stated that the
expression "law" contained in Article 21 necessarily postulates law which is
reasonable and not merely statutory provisions irrespective of its reasonableness or
otherwise. Learned senior counsel pleaded that in the light of Article 21, provisions
of Section 154 of the Code must be read down to mean that before registering an
FIR, the police officer must be satisfied that there is a prima facie case for
investigation. He also emphasized that Section 154 contains implied power of the
police officer to hold preliminary inquiry if he bona fide possess serious doubts about
the credibility of the information given to him. By pointing out Criminal Law
(Amendment) Act, 2013, particularly, Section 166A, Mr. Naphade contended that as
far as other cognizable offences (apart from those mentioned in Section 166A) are
concerned, police has a discretion to hold preliminary inquiry if there is some doubt
about the correctness of the information.
20. In case of allegations relating to medical negligence on the part of the doctors, it
is pointed out by drawing our attention to some of the decisions of this Court viz.,
Tapan Kumar Singh (supra), Jacob Mathew (supra) etc., that no medical
professional should be prosecuted merely on the basis of the allegations in the
complaint. By pointing out various decisions, Mr. Naphade emphasized that in
appropriate cases, it would be proper for a police officer, on receipt of a complaint of
a cognizable offence, to satisfy himself that at least prima facie allegations levelled
against the accused in the complaint are credible. He also contended that no single
provision of a statute can be read and interpreted in isolation, but the statute must be
read as a whole. Accordingly, he prayed that the provisions of Sections 41, 57, 156,
157, 159, 167, 190, 200 and 202 of the Code must be read together. He also pointed
out that Section 154(3) of the Code enables any complainant whose complaint is not
registered as an FIR by the officer in-charge of the police station to approach the
higher police officer for the purpose of getting his complaint registered as an FIR and
in such a case, the higher police officer has all the powers of recording an FIR and
directing investigation into the matter. In addition to the remedy available to an
aggrieved person of approaching higher police officer, he can also move the
concerned Magistrate by making a complaint under Section 190 thereof. He further
emphasized that the fact that the legislature has provided adequate remedies against
refusal to register FIR and to hold investigation in cognizable offences, is indicative
of legislative intent that the police officer is not bound to record FIR merely because
the ingredients of a cognizable offence are disclosed in the complaint, if he has
doubts about the veracity of the complaint. He also pointed out that the word "shall"
used in the statute does not always mean absence of any discretion in the matter. For
the said proposition, he also highlighted that this Court has preferred the rule of
purposive interpretation to the rule of literal interpretation for which he relied on
Chairman Board of Mining Examination and Chief Inspector of Mines and
Anr. v. Ramjee MANU/SC/0061/1977 : (1977) 2 SCC 256,Lalit Mohan Pandey v.
Pooran Singh MANU/SC/0422/2004 : (2004) 6 SCC 626,Prativa Bose v. Kumar

Rupendra Deb Raikat MANU/SC/0251/1963 : (1964) 4 SCR 69. He further pointed
out that it is impossible to put the provisions of Section 154 of the Code in a
straightjacket formula. He also prayed for framing of some guidelines as regards
registration or non-registration of FIR. Finally, he pointed out that the requirement of
Article 21 is that the procedure should be fair and just. According to him, if the police
officer has doubts in the matter, it is imperative that he should have the discretion of
holding a preliminary inquiry in the matter. If he is debarred from holding such a
preliminary inquiry, the procedure would then suffer from the vice of arbitrariness
and unreasonableness. Thus, he concluded his arguments by pleading that Section
154 of the Code must be interpreted in the light of Article 21.
21. Ms. Vibha Datta Makhija, learned senior counsel appearing for the State of
Madhya Pradesh submitted that a plain reading of Section 154 and other provisions of
the Code shows that it may not be mandatory but is absolutely obligatory on the part
of the police officer to register an FIR prior to taking any steps or conducting
investigation into a cognizable offence. She further pointed out that after receiving
the first information of an offence and prior to the registration of the said report
(whether oral or written) in the First Information Book maintained at the police
station under various State Government Regulations, only some preliminary inquiry
or investigative steps are permissible under the statutory framework of the Code to
the extent as is justifiable and is within the window of statutory discretion granted
strictly for the purpose of ascertaining whether there has been a commission or not
of a cognizable offence. Hence, an investigation, culminating into a Final Report
under Section 173 of the Code, cannot be called into question and be quashed due to
the reason that a part of the inquiry, investigation or steps taken during investigation
are conducted after receiving the first information but prior to registering the same
unless it is found that the said investigation is unfair, illegal, mala fide and has
resulted in grave prejudice to the right of the accused to fair investigation. In support
of the above contentions, she traced the earlier provisions of the Code and current
statutory framework, viz., Criminal Law (Amendment) Act, 2013 with reference to
various decisions of this Court. She concluded that Section 154 of the Code leaves no
area of doubt that where a cognizable offence is disclosed, there is no discretion on
the part of the police to record or not to record the said information, however, it may
differ from case to case.
22. The issues before the Constitution Bench of this Court arise out of two main
conflicting areas of concern, viz.,
(i) Whether the immediate non-registration of FIR leads to scope for
manipulation by the police which affects the right of the victim/complainant
to have a complaint immediately investigated upon allegations being made;
and
(ii) Whether in cases where the complaint/information does not clearly
disclose the commission of a cognizable offence but the FIR is compulsorily
registered then does it infringe the rights of an accused.
Discussion:
23. The FIR is a pertinent document in the criminal law procedure of our country and
its main object from the point of view of the informant is to set the criminal law in
motion and from the point of view of the investigating authorities is to obtain
information about the alleged criminal activity so as to be able to take suitable steps

to trace and to bring to book the guilty.
2 4 . Historical experience has thrown up cases from both the sides where the
grievance of the victim/informant of non-registration of valid FIRs as well as that of
the accused of being unnecessarily harassed and investigated upon false charges
have been found to be correct.
25. An example of the first category of cases is found in State of Maharashtra v.
Sarangdharsingh Shivdassingh Chavan and Anr. MANU/SC/1055/2010 : (2011)
1 SCC 577 wherein a writ petition was filed challenging the order of the Collector in
the District of Buldhana directing not to register any crime against Mr. Gokulchand
Sananda, without obtaining clearance from the District Anti-Money Lending
Committee and the District Government Pleader. From the record, it was revealed that
out of 74 cases, only in seven cases, charge sheets were filed alleging illegal
moneylending. This Court found that upon instructions given by the Chief Minister to
the District Collector, there was no registration of FIR of the poor farmers. In these
circumstances, this Court held the said instructions to be ultra vires and quashed the
same. It is argued that cases like above exhibit the mandatory character of Section
154, and if it is held otherwise, it shall lead to grave injustice.
26. In Aleque Padamsee (supra), while dealing with the issue whether it is within
the powers of courts to issue a writ directing the police to register a First Information
Report in a case where it was alleged that the accused had made speeches likely to
disturb communal harmony, this Court held that "the police officials ought to register
the FIR whenever facts brought to their notice show that a cognizable offence has
been made out. In case the police officials fail to do so, the modalities to be adopted
are as set out in Section 190 read with Section 200 of the Code." As such, the Code
itself provides several checks for refusal on the part of the police authorities under
Section 154 of the Code.
27. However, on the other hand, there are a number of cases which exhibit that there
are instances where the power of the police to register an FIR and initiate an
investigation thereto are misused where a cognizable offence is not made out from
the contents of the complaint. A significant case in this context is the case of Preeti
Gupta v. State of Jharkhand MANU/SC/0592/2010 : (2010) 7 SCC 667 wherein
this Court has expressed its anxiety over misuse of Section 498A of the Indian Penal
Code, 1860 (in short 'the Indian Penal Code') with respect to which a large number of
frivolous reports were lodged. This Court expressed its desire that the legislature
must take into consideration the informed public opinion and the pragmatic realities
to make necessary changes in law.
28. The above said judgment resulted in the 243rd Report of the Law Commission of
India submitted on 30th August, 2012. The Law Commission, in its Report, concluded
that though the offence under Section 498A could be made compoundable, however,
the extent of misuse was not established by empirical data, and, thus, could not be a
ground to denude the provision of its efficacy. The Law Commission also observed
that the law on the question whether the registration of FIR could be postponed for a
reasonable time is in a state of uncertainty and can be crystallized only upon this
Court putting at rest the present controversy.
29. In order to arrive at a conclusion in the light of divergent views on the point and
also to answer the above contentions, it is pertinent to have a look at the historical
background of the Section and corresponding provisions that existed in the previous

enactments of the Code of Criminal Procedure.
Code of Criminal Procedure, 1861
139. Every complaint or information preferred to an officer in charge of a
police station, shall be reduced into writing and the substance thereof shall
be entered in a diary to be kept by such officer, in such form as shall be
prescribed by the local government.
112. Every complaint preferred to an officer in charge of a police station,
shall be reduced into writing, and shall be signed, sealed or marked by the
person making it; and the substance thereof shall be entered in a book to be
kept by such officer in the form prescribed by the local government.
154. Every information relating to the commission of a cognizable offence if
given orally to an officer in charge of a police station, shall be reduced to
writing by him, or under his direction, and be read over to the informant;
and every such information, whether given in writing or reduced to writing as
aforesaid, shall be signed by the person giving it, and the substance thereof
shall be entered in a book to be kept by such form as the government may
prescribe in this behalf.
154. Every information relating to the commission of a cognizable offence if
given orally to an officer in charge of a police station, shall be reduced to
writing by him or under his direction, and be read over to the informant; and
every such information, whether given in writing or reduced to writing as
aforesaid, shall be signed by the person giving it, and the substance thereof
shall be entered in a book to be kept by such officer in such form as the
Government may prescribe in this behalf.
154. Information in cognizable cases: 1) Every information relating to the
commission of a cognizable offence, it given orally to an officer in charge of
a police station, shall be reduced to writing by him or under his direction,
and be read over to the informant; and every such information, whether
given in writing or reduced to writing as aforesaid, shall be signed by the
person giving it, and the substance thereof shall be entered in a book to be
kept by such officer in such form as the State Government may prescribe in
this behalf.
[Provided that if the information is given by the woman against whom an
offence under Sections 326A, 326B, 354, 354A, 354B, 354C, 354D, 376,
376A, 376B, 376C, 376D, 376E or Section 509 of the Indian Penal Code is
alleged to have been committed or attempted, then such information shall be
recorded by a woman police officer or any woman officer:
Provided further that:

(a) in the event that the person against whom an offence under
Sections 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C,
376D, 376E or Section 509 of the Indian Penal code is alleged to
have been committed or attempted is temporarily or permanently
mentally or physically disabled then such information shall be
recorded by a police officer, at the residence of the person seeking
to report such offence or at a convenient place of such person's
choice, in the presence of an interpreter or a special educator, as the
case may be;
(b) the recording of such information shall be videographed;
(c) the police officer shall get the statement of the person recorded
by a Judicial Magistrate under Clause (a) of Sub-section (5A) of
Section 164 as soon as possible.]
(Inserted by Section 13 of 'The Criminal Law (Amendment) Act, 2013 w.e.f.
03.02.2013)
(2) A copy of the information as recorded under Sub-section (1) shall be
given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a
police station to record the information referred to in Sub-section (1) may
send the substance of such information, in writing and by post, to the
Superintendent of Police concerned who, if satisfied that such information
discloses the commission of a cognizable offence, shall either investigate the
case himself or direct an investigation to be made by any police officer
subordinate to him, in the manner provided by this Code, and such officer
shall have all the powers of an officer in charge of the police station in
relation to that offence.
A perusal of the above said provisions manifests the legislative intent in both old
codes and the new code for compulsory registration of FIR in a case of cognizable
offence without conducting any Preliminary Inquiry.
3 0 . The precursor to the present Code of 1973 is the Code of 1898 wherein
substantial changes were made in the powers and procedure of the police to
investigate. The starting point of the powers of police was changed from the power of
the officer in-charge of a police station to investigate into a cognizable offence
without the order of a Magistrate, to the reduction of the first information regarding
commission of a cognizable offence, whether received orally or in writing, into
writing and into the book separately prescribed by the Provincial government for
recording such first information.
31. As such, a significant change that took place by way of the 1898 Code was with
respect to the placement of Section 154, i.e., the provision imposing requirement of
recording the first information regarding commission of a cognizable offence in the
special book prior to Section 156, i.e., the provision empowering the police officer to
investigate a cognizable offence. As such, the objective of such placement of
provisions was clear which was to ensure that the recording of the first information
should be the starting point of any investigation by the police. In the interest of
expediency of investigation since there was no safeguard of obtaining permission
from the Magistrate to commence an investigation, the said procedure of recording

first information in their books along with the signature/seal of the informant, would
act as an "extremely valuable safeguard" against the excessive, mala fide and illegal
exercise of investigative powers by the police.
3 2 . Provisions contained in Chapter XII of the Code deal with information to the
police and their powers to investigate. The said Chapter sets out the procedure to be
followed during investigation. The objective to be achieved by the procedure
prescribed in the said Chapter is to set the criminal law in motion and to provide for
all procedural safeguards so as to ensure that the investigation is fair and is not mala
fide and there is no scope of tampering with the evidence collected during the
investigation.
3 3 . In addition, Mr. Shekhar Naphade, learned senior counsel contended that
insertion of Section 166A in Indian Penal Code indicates that registration of FIR is not
compulsory for all offences other than what is specified in the said Section. By
Criminal Law (Amendment) Act 2013, Section 166A was inserted in Indian Penal
Code which reads as under:
Section 166A--Whoever, being a public servant.-
(a) knowingly disobeys any direction of the law which prohibits him
from requiring the attendance at any place of any person for the
purpose of investigation into an offence or any other matter, or
(b) knowingly disobeys, to the prejudice of any person, any other
direction of the law regulating the manner in which he shall conduct
such investigation, or
(c) fails to record any information given to him under Sub-section
(1) of Section 154 of the Code of Criminal Procedure, 1973, in
relation to cognizable offence punishable under Section 326A,
Section 326B, Section 354, Section 354B, Section 370, Section
370A, Section 376, Section 376A, Section 376B, Section 376C,
Section 376D, Section 376E, Section 509 shall be punished with
rigorous imprisonment for a term which shall not be less than six
months but which may extend to two years and shall also be liable
to fine.
Section 166A(c) lays down that if a public servant (Police Officer) fails to record any
information given to him under Section 154(1) of the Code in relation to cognizable
offences punishable under Sections 326A, 326B, 354, 354B, 370, 370A, 376, 376A,
376B, 376C, 376D, 376E or Section 509, he shall be punished with rigorous
imprisonment for a term which shall not be less than six months but may extend to
two years and shall also be liable to fine. Thus, it is the stand of learned Counsel that
this provision clearly indicates that registration of FIR is imperative and police officer
has no discretion in the matter in respect of offences specified in the said section.
Therefore, according to him, the legislature accepts that as far as other cognizable
offences are concerned, police has discretion to hold a preliminary inquiry if there is
doubt about the correctness of the information.
34. Although, the argument is as persuasive as it appears, yet, we doubt whether
such a presumption can be drawn in contravention to the unambiguous words
employed in the said provision. Hence, insertion of Section 166A in the Indian Penal
Code vide Criminal Law (Amendment) Act 2013, must be read in consonance with the

provision and not contrary to it. The insertion of Section 166A was in the light of
recent unfortunate occurrence of offences against women. The intention of the
legislature in putting forth this amendment was to tighten the already existing
provisions to provide enhanced safeguards to women. Therefore, the legislature, after
noticing the increasing crimes against women in our country, thought it appropriate
to expressly punish the police officers for their failure to register FIRs in these cases.
No other meaning than this can be assigned to for the insertion of the same.
3 5 . With this background, let us discuss the submissions in the light of various
decisions both in favour and against the referred issue.
Interpretation of Section 154:
36. It may be mentioned in this connection that the first and foremost principle of
interpretation of a statute in every system of interpretation is the literal rule of
interpretation. All that we have to see at the very outset is what does the provision
say? As a result, the language employed in Section 154 is the determinative factor of
the legislative intent. A plain reading of Section 154(1) of the Code provides that any
information relating to the commission of a cognizable offence if given orally to an
officer-in-charge of a police station shall be reduced into writing by him or under his
direction. There is no ambiguity in the language of Section 154(1) of the Code.
37. At this juncture, it is apposite to refer to the following observations of this Court
in M/s. Hiralal Rattanlal (supra) which are as under:
22...In construing a statutory provision, the first and the foremost rule of
construction is the literary construction. All that we have to see at the very
outset is what does that provision say? If the provision is unambiguous and
if from that provision, the legislative intent is clear, we need not call into aid
the other rules of construction of statutes. The other rules of construction of
statutes are called into aid only when the legislative intention is not clear....
The above decision was followed by this Court in B. Premanand (supra) and after
referring the abovesaid observations in the case of Hiralal Rattanlal (supra), this
Court observed as under:
9. It may be mentioned in this connection that the first and foremost
principle of interpretation of a statute in every system of interpretation is the
literal rule of interpretation. The other rules of interpretation e.g. the
mischief rule, purposive interpretation, etc. can only be resorted to when the
plain words of a statute are ambiguous or lead to no intelligible results or if
read literally would nullify the very object of the statute. Where the words of
a statute are absolutely clear and unambiguous, recourse cannot be had to
the principles of interpretation other than the literal rule, vide Swedish Match
AB v. SEBI MANU/SC/0693/2004 : (2004) 11 SCC 641.
The language of Section 154(1), therefore, admits of no other construction but the
literal construction.
38. The legislative intent of Section 154 is vividly elaborated in Bhajan Lal (supra)
which is as under:
30. The legal mandate enshrined in Section 154(1) is that every information
relating to the commission of a "cognizable offence" (as defined Under

Section 2(c) of the Code) if given orally (in which case it is to be reduced
into writing) or in writing to "an officer incharge of a police station" (within
the meaning of Section 2(o) of the Code) and signed by the informant should
be entered in a book to be kept by such officer in such form as the State
Government may prescribe which form is commonly called as "First
Information Report" and which act of entering the information in the said
form is known as registration of a crime or a case.
31. At the stage of registration of a crime or a case on the basis of the
information disclosing a cognizable offence in compliance with the mandate
of Section 154(1) of the Code, the concerned police officer cannot embark
upon an inquiry as to whether the information, laid by the informant is
reliable and genuine or otherwise and refuse to register a case on the ground
that the information is not reliable or credible. On the other hand, the officer
in charge of a police station is statutorily obliged to register a case and then
to proceed with the investigation if he has reason to suspect the commission
of an offence which he is empowered under Section 156 of the Code to
investigate, subject to the proviso to Section 157. (As we have proposed to
make a detailed discussion about the power of a police officer in the field of
investigation of a cognizable offence within the ambit of Sections 156 and
157 of the Code in the ensuing part of this judgment, we do not propose to
deal with those sections in extenso in the present context.) In case, an
officer in charge of a police station refuses to exercise the jurisdiction vested
in him and to register a case on the information of a cognizable offence
reported and thereby violates the statutory duty cast upon him, the person
aggrieved by such refusal can send the substance of the information in
writing and by post to the Superintendent of Police concerned who if
satisfied that the information forwarded to him discloses a cognizable
offence, should either investigate the case himself or direct an investigation
to be made by any police officer subordinate to him in the manner provided
by Sub-section (3) of Section 154 of the Code.
32. Be it noted that in Section 154(1) of the Code, the legislature in its
collective wisdom has carefully and cautiously used the expression
"information" without qualifying the same as in Section 41(1)(a) or (g) of the
Code wherein the expressions, "reasonable complaint" and "credible
information" are used. Evidently, the non qualification of the word
"information" in Section 154(1) unlike in Section 41(1)(a) and (g) of the
Code may be for the reason that the police officer should not refuse to record
an information relating to the commission of a cognizable offence and to
register a case thereon on the ground that he is not satisfied with the
reasonableness or credibility of the information. In other words,
'reasonableness' or 'credibility' of the said information is not a condition
precedent for registration of a case. A comparison of the present Section 154
with those of the earlier Codes will indicate that the legislature had purposely
thought it fit to employ only the word "information" without qualifying the
said word. Section 139 of the Code of Criminal Procedure of 1861 (Act 25 of
1861) passed by the Legislative Council of India read that 'every complaint or
information' preferred to an officer in charge of a police station should be
reduced into writing which provision was subsequently modified by Section
112 of the Code of 1872 (Act 10 of 1872) which thereafter read that 'every
complaint' preferred to an officer in charge of a police station shall be
reduced in writing. The word 'complaint' which occurred in previous two

Codes of 1861 and 1872 was deleted and in that place the word 'information'
was used in the Codes of 1882 and 1898 which word is now used in Sections
154, 155, 157 and 190(c) of the present Code of 1973 (Act 2 of 1974). An
overall reading of all the Codes makes it clear that the condition which is
sine qua non for recording a first information report is that there must be
information and that information must disclose a cognizable offence.
33. It is, therefore, manifestly clear that if any information disclosing a
cognizable offence is laid before an officer in charge of a police station
satisfying the requirements of Section 154(1) of the Code, the said police
officer has no other option except to enter the substance thereof in the
prescribed form, that is to say, to register a case on the basis of such
information.
3 9 . Consequently, the condition that is sine qua non for recording an FIR under
Section 154 of the Code is that there must be information and that information must
disclose a cognizable offence. If any information disclosing a cognizable offence is
led before an officer in charge of the police station satisfying the requirement of
Section 154(1), the said police officer has no other option except to enter the
substance thereof in the prescribed form, that is to say, to register a case on the
basis of such information. The provision of Section 154 of the Code is mandatory and
the concerned officer is duty bound to register the case on the basis of information
disclosing a cognizable offence. Thus, the plain words of Section 154(1) of the Code
have to be given their literal meaning.
'Shall'
40. The use of the word "shall" in Section 154(1) of the Code clearly shows the
legislative intent that it is mandatory to register an FIR if the information given to the
police discloses the commission of a cognizable offence.
41. In Khub Chand (supra), this Court observed as under:
7...The term "shall" in its ordinary significance is mandatory and the court
shall ordinarily give that interpretation to that term unless such an
interpretation leads to some absurd or inconvenient consequence or be at
variance with the intent of the legislature, to be collected from other parts of
the Act. The construction of the said expression depends on the provisions of
a particular Act, the setting in which the expression appears, the object for
which the direction is given, the consequences that would flow from the
infringement of the direction and such other considerations....
42. It is relevant to mention that the object of using the word "shall" in the context
of Section 154(1) of the Code is to ensure that all information relating to all
cognizable offences is promptly registered by the police and investigated in
accordance with the provisions of law.
43. Investigation of offences and prosecution of offenders are the duties of the State.
For "cognizable offences", a duty has been cast upon the police to register FIR and to
conduct investigation except as otherwise permitted specifically under Section 157 of
the Code. If a discretion, option or latitude is allowed to the police in the matter of
registration of FIRs, it can have serious consequences on the public order situation
and can also adversely affect the rights of the victims including violating their
fundamental right to equality.

44. Therefore, the context in which the word "shall" appears in Section 154(1) of the
Code, the object for which it has been used and the consequences that will follow
from the infringement of the direction to register FIRs, all these factors clearly show
that the word "shall" used in Section 154(1) needs to be given its ordinary meaning
of being of "mandatory" character. The provisions of Section 154(1) of the Code,
read in the light of the statutory scheme, do not admit of conferring any discretion on
the officer in-charge of the police station for embarking upon a preliminary inquiry
prior to the registration of an FIR. It is settled position of law that if the provision is
unambiguous and the legislative intent is clear, the court need not call into it any
other rules of construction.
45. In view of the above, the use of the word 'shall' coupled with the Scheme of the
Act lead to the conclusion that the legislators intended that if an information relating
to commission of a cognizable offence is given, then it would mandatorily be
registered by the officer in-charge of the police station. Reading 'shall' as 'may', as
contended by some counsel, would be against the Scheme of the Code. Section 154
of the Code should be strictly construed and the word 'shall' should be given its
natural meaning. The golden rule of interpretation can be given a go-by only in cases
where the language of the section is ambiguous and/or leads to an absurdity.
46. In view of the above, we are satisfied that Section 154(1) of the Code does not
have any ambiguity in this regard and is in clear terms. It is relevant to mention that
Section 39 of the Code casts a statutory duty on every person to inform about
commission of certain offences which includes offences covered by Sections 121 to
126, 302, 64A, 382, 392 etc., of the Indian Penal Code. It would be incongruous to
suggest that though it is the duty of every citizen to inform about commission of an
offence, but it is not obligatory on the officer-incharge of a Police Station to register
the report. The word 'shall' occurring in Section 39 of the Code has to be given the
same meaning as the word 'shall' occurring in Section 154(1) of the Code.
'Book'/'Diary'
47. It is contented by learned ASG appearing for the State of Chhattisgarh that the
recording of first information under Section 154 in the 'book' is subsequent to the
entry in the General Diary/Station Diary/Daily Diary, which is maintained in police
station. Therefore, according to learned ASG, first information is a document at the
earliest in the general diary, then if any preliminary inquiry is needed the police
officer may conduct the same and thereafter the information will be registered as FIR.
48. This interpretation is wholly unfounded. The First Information Report is in fact
the "information" that is received first in point of time, which is either given in
writing or is reduced to writing. It is not the "substance" of it, which is to be entered
in the diary prescribed by the State Government. The term 'General Diary' (also
called as 'Station Diary' or 'Daily Diary' in some States) is maintained not under
Section 154 of the Code but under the provisions of Section 44 of the Police Act,
1861 in the States to which it applies, or under the respective provisions of the Police
Act(s) applicable to a State or under the Police Manual of a State, as the case may
be. Section 44 of the Police Act, 1861 is reproduced below:
44. Police-officers to keep diary.--It shall be the duty of every officer in
charge of a police-station to keep a general diary in such form as shall, from
time to time, be prescribed by the State Government and to record therein all
complaints and charged preferred, the names of all persons arrested, the

names of the complainants, the offences charged against them, the weapons
or property that shall have been taken from their possession or otherwise,
and the names of the witnesses who shall have been examined. The
Magistrate of the district shall be at liberty to call for any inspect such diary.
49. It is pertinent to note that during the year 1861, when the aforesaid Police Act,
1861 was passed, the Code of Criminal Procedure, 1861 was also passed. Section
139 of that Code dealt with registration of FIR and this Section is also referred to the
word "diary", as can be seen from the language of this Section, as reproduced below:
139. Every complaint or information preferred to an officer in charge of a
Police Station, shall be reduced into writing, and the substance thereof shall
be entered in a diary to be kept by such officer, in such form as shall be
prescribed by the local government.
Thus, Police Act, 1861 and the Code of Criminal Procedure, 1861, both of which were
passed in the same year, used the same word "diary".
50. However, in the year 1872, a new Code came to be passed which was called the
Code of Criminal Procedure, 1872. Section 112 of the Code dealt with the issue of
registration of FIR and is reproduced below:
112. Every complaint preferred to an officer in charge of a Police station shall
be reduced into writing, and shall be signed, sealed, or marked by the
person making it; and the substance thereof shall be entered in a book to be
kept by such officer in the form prescribed by the Local Government.
51. It is, thus, clear that in the Code of Criminal Procedure, 1872, a departure was
made and the word 'book' was used in place of 'diary'. The word 'book' clearly
referred to FIR book to be maintained under the Code for registration of FIRs.
52. The question that whether the FIR is to be recorded in the FIR Book or in General
Diary, is no more res integra. This issue has already been decided authoritatively by
this Court.
53. I n Madhu Bala v. Suresh Kumar MANU/SC/0806/1997 : (1997) 8 SCC 476,
this Court has held that FIR must be registered in the FIR Register which shall be a
book consisting of 200 pages. It is true that the substance of the information is also
to be mentioned in the Daily diary (or the general diary). But, the basic requirement
is to register the FIR in the FIR Book or Register. Even in Bhajan Lal (supra), this
Court held that FIR has to be entered in a book in a form which is commonly called
the First Information Report.
54. It is thus clear that registration of FIR is to be done in a book called FIR book or
FIR Register. of course, in addition, the gist of the FIR or the substance of the FIR
may also be mentioned simultaneously in the General Diary as mandated in the
respective Police Act or Rules, as the case may be, under the relevant State
provisions.
55. The General Diary is a record of all important transactions/events taking place in
a police station, including departure and arrival of police staff, handing over or taking
over of charge, arrest of a person, details of law and order duties, visit of senior
officers etc. It is in this context that gist or substance of each FIR being registered in
the police station is also mentioned in the General Diary since registration of FIR also

happens to be a very important event in the police station. Since General Diary is a
record that is maintained chronologically on day-today basis (on each day, starting
with new number 1), the General Diary entry reference is also mentioned
simultaneously in the FIR Book, while FIR number is mentioned in the General Diary
entry since both of these are prepared simultaneously.
56. It is relevant to point out that FIR Book is maintained with its number given on
an annual basis. This means that each FIR has a unique annual number given to it.
This is on similar lines as the Case Numbers given in courts. Due to this reason, it is
possible to keep a strict control and track over the registration of FIRs by the
supervisory police officers and by the courts, wherever necessary. Copy of each FIR
is sent to the superior officers and to the concerned Judicial Magistrate.
57. On the other hand, General Diary contains a huge number of other details of the
proceedings of each day. Copy of General Diary is not sent to the Judicial Magistrate
having jurisdiction over the police station, though its copy is sent to a superior police
officer. Thus, it is not possible to keep strict control of each and every FIR recorded
in the General Diary by superior police officers and/or the court in view of enormous
amount of other details mentioned therein and the numbers changing every day.
58. The signature of the complainant is obtained in the FIR Book as and when the
complaint is given to the police station. On the other hand, there is no such
requirement of obtaining signature of the complainant in the general diary. Moreover,
at times, the complaint given may consist of large number of pages, in which case it
is only the gist of the complaint which is to be recorded in the General Diary and not
the full complaint. This does not fit in with the suggestion that what is recorded in
General Diary should be considered to be the fulfillment/compliance of the
requirement of Section 154 of registration of FIR. In fact, the usual practice is to
record the complete complaint in the FIR book (or annex it with the FIR form) but
record only about one or two paragraphs (gist of the information) in the General
Diary.
59. In view of the above, it is useful to point out that the Code was enacted under
Entry 2 of the Concurrent List of the Seventh Schedule to the Constitution which is
reproduced below:
2. Criminal procedure, including all matters included in the Code of Criminal
Procedure at the commencement of this Constitution.
On the other hand, Police Act, 1861 (or other similar Acts in respective States) were
enacted under Entry 2 of the State List of the Seventh Schedule to the Constitution,
which is reproduced below:
2. Police (including railway and village police) subject to the provisions of
Entry 2A of List I.
60. Now, at this juncture, it is pertinent to refer Article 254(1) of the Constitution,
which lays down the provisions relating to inconsistencies between the laws made by
the Parliament and the State Legislatures. Article 254(1) is reproduced as under:
254. Inconsistency between laws made by Parliament and laws
made by the Legislatures of States
(1) If any provision of a law made by the Legislature of a State is repugnant

to any provision of a law made by Parliament which Parliament is competent
to enact, or to any provision of an existing law with respect to one of the
matters enumerated in the Concurrent List, then, subject to the provisions of
Clause (2), the law made by Parliament, whether passed before or after the
law made by the Legislature of such State, or, as the case may be, the
existing law, shall prevail and the law made by the Legislature of the State
shall, to the extent of the repugnancy, be void.
Thus it is clear from the mandate of Article 254(1) of the Constitution that if there is
any inconsistency between the provisions of the Code and the Police Act, 1861, the
provisions of the Code will prevail and the provisions of the Police Act would be void
to the extent of the repugnancy.
61. If at all, there is any inconsistency in the provisions of Section 154 of the Code
and Section 44 of the Police Act, 1861, with regard to the fact as to whether the FIR
is to be registered in the FIR book or in the General Diary, the provisions of Section
154 of the Code will prevail and the provisions of Section 44 of the Police Act, 1861
(or similar provisions of the respective corresponding Police Act or Rules in other
respective States) shall be void to the extent of the repugnancy. Thus, FIR is to be
recorded in the FIR Book, as mandated under Section 154 of the Code, and it is not
correct to state that information will be first recorded in the General Diary and only
after preliminary inquiry, if required, the information will be registered as FIR.
62. However, this Court in Tapan Kumar Singh (supra), held that a GD entry may
be treated as First information in an appropriate case, where it discloses the
commission of a cognizable offence. It was held as under:
15. It is the correctness of this finding which is assailed before us by the
Appellants. They contend that the information recorded in the GD entry does
disclose the commission of a cognizable offence. They submitted that even if
their contention, that after recording the GD entry only a preliminary inquiry
was made, is not accepted, they are still entitled to sustain the legality of the
investigation on the basis that the GD entry may be treated as a first
information report, since it disclosed the commission of a cognizable offence.
16. The parties before us did not dispute the legal position that a GD entry
may be treated as a first information report in an appropriate case, where it
discloses the commission of a cognizable offence. If the contention of the
Appellants is upheld, the order of the High Court must be set aside because if
there was in law a first information report disclosing the commission of a
cognizable offence, the police had the power and jurisdiction to investigate,
and in the process of investigation to conduct search and seizure. It is,
therefore, not necessary for us to consider the authorities cited at the Bar on
the question of validity of the preliminary inquiry and the validity of the
search and seizure.
Xxx
19. The High Court fell into an error in thinking that the information received
by the police could not be treated as a first information report since the
allegation was vague inasmuch as it was not stated from whom the sum of
rupees one lakh was demanded and accepted. Nor was it stated that such
demand or acceptance was made as motive or reward for doing or forbearing
to do any official act, or for showing or forbearing to show in exercise of his

official function, favour or disfavour to any person or for rendering,
attempting to render any service or disservice to any person. Thus there was
no basis for a police officer to suspect the commission of an offence which
he was empowered under Section 156 of the Code to investigate.
63. It is thus unequivocally clear that registration of FIR is mandatory and also that it
is to be recorded in the FIR Book by giving a unique annual number to each FIR to
enable strict tracking of each and every registered FIR by the superior police officers
as well as by the competent court to which copies of each FIR are required to be
sent.
'Information'
6 4 . The legislature has consciously used the expression "information" in Section
154(1) of the Code as against the expression used in Section 41(1)(a) and (g) where
the expression used for arresting a person without warrant is "reasonable complaint"
or "credible information". The expression under Section 154(1) of the Code is not
qualified by the prefix "reasonable" or "credible". The non qualification of the word
"information" in Section 154(1) unlike in Section 41(1)(a) and (g) of the Code is for
the reason that the police officer should not refuse to record any information relating
to the commission of a cognizable offence on the ground that he is not satisfied with
the reasonableness or credibility of the information. In other words, reasonableness
or credibility of the said information is not a condition precedent for the registration
of a case.
65. The above view has been expressed by this Court in Bhajan Lal (supra) which
is as under:
32...in Section 154(1) of the Code, the legislature in its collective wisdom
has carefully and cautiously used the expression "information" without
qualifying the same as in Section 41(1)(a) or (g) of the Code wherein the
expressions, "reasonable complaint" and "credible information" are used.
Evidently, the non-qualification of the word "information" in Section 154(1)
unlike in Section 41(1)(a) and (g) of the Code may be for the reason that the
police officer should not refuse to record an information relating to the
commission of a cognizable offence and to register a case thereon on the
ground that he is not satisfied with the reasonableness or credibility of the
information. In other words, 'reasonableness' or 'credibility' of the said
information is not a condition precedent for registration of a case. A
comparison of the present Section 154 with those of the earlier Codes will
indicate that the legislature had purposely thought it fit to employ only the
word "information" without qualifying the said word.
66. In Parkash Singh Badal (supra), this Court held as under:
65. The legal mandate enshrined in Section 154(1) is that every information
relating to the commission of a "cognizable offence" [as defined under
Section 2(c) of the Code] if given orally (in which case it is to be reduced
into writing) or in writing to "an officer in charge of a police station" [within
the meaning of Section 2(o) of the Code] and signed by the informant should
be entered in a book to be kept by such officer in such form as the State
Government may prescribe which form is commonly called as "first
information report" and which act of entering the information in the said
form is known as registration of a crime or a case.

66. At the stage of registration of a crime or a case on the basis of the
information disclosing a cognizable offence in compliance with the mandate
of Section 154(1) of the Code, the police officer concerned cannot embark
upon an inquiry as to whether the information laid by the informant is
reliable and genuine or otherwise and refuse to register a case on the ground
that the information is not reliable or credible. On the other hand, the officer
in charge of a police station is statutorily obliged to register a case and then
to proceed with the investigation if he has reason to suspect the commission
of an offence which he is empowered under Section 156 of the Code to
investigate, subject to the proviso to Section 157 thereof. In case an officer
in charge of a police station refuses to exercise the jurisdiction vested in him
and to register a case on the information of a cognizable offence reported
and thereby violates the statutory duty cast upon him, the person aggrieved
by such refusal can send the substance of the information in writing and by
post to the Superintendent of Police concerned who if satisfied that the
information forwarded to him discloses a cognizable offence, should either
investigate the case himself or direct an investigation to be made by any
police officer subordinate to him in the manner provided by Sub-section (3)
of Section 154 of the Code.
67. It has to be noted that in Section 154(1) of the Code, the legislature in
its collective wisdom has carefully and cautiously used the expression
"information" without qualifying the same as in Sections 41(1)(a) or (g) of
the Code wherein the expressions "reasonable complaint" and "credible
information" are used. Evidently, the non qualification of the word
"information" in Section 154(1) unlike in Sections 41(1)(a) and (g) of the
Code may be for the reason that the police officer should not refuse to record
an information relating to the commission of a cognizable offence and to
register a case thereon on the ground that he is not satisfied with the
"reasonableness" or "credibility" of the said information is not a condition
precedent for registration of a case. A comparison of the present Section 154
with those of the earlier Codes will indicate that the legislature had purposely
thought it fit to employ only the word "information" without qualifying the
said word. Section 139 of the Code of Criminal Procedure of 1861 (Act 25 of
1861) passed by the Legislative Council of India read that "every complaint
or information" preferred to an officer in charge of a police station should be
reduced into writing which provision was subsequently modified by Section
112 of the Code of 1872 (Act 10 of 1872) which thereafter read that "every
complaint" preferred to an officer in charge of a police station shall be
reduced in writing. The word "complaint" which occurred in previous two
Codes of 1861 and 1872 was deleted and in that place the word
"information" was used in the Codes of 1882 and 1898 which word is now
used in Sections 154, 155, 157 and 190(c) of the Code. An overall reading of
all the Codes makes it clear that the condition which is sine qua non for
recording a first information report is that there must be an information and
that information must disclose a cognizable offence.
68. It is, therefore, manifestly clear that if any information disclosing a
cognizable offence is laid before an officer in charge of a police station
satisfying the requirements of Section 154(1) of the Code, the said police
officer has no other option except to enter the substance thereof in the
prescribed form, that is to say, to register a case on the basis of such

information.
67. In Ramesh Kumari (supra), this Court held as under:
4. That a police officer mandatorily registers a case on a complaint of a
cognizable offence by the citizen under Section 154 of the Code is no more
res integra. The point of law has been set at rest by this Court in State of
Haryana v. Bhajan Lal. This Court after examining the whole gamut and
intricacies of the mandatory nature of Section 154 of the Code has arrived at
the finding in paras 31 and 32 of the judgment as under:
31. At the stage of registration of a crime or a case on the basis of
the information disclosing a cognizable offence in compliance with
the mandate of Section 154(1) of the Code, the police officer
concerned cannot embark upon an inquiry as to whether the
information, laid by the informant is reliable and genuine or
otherwise and refuse to register a case on the ground that the
information is not reliable or credible. On the other hand, the officer
in charge of a police station is statutorily obliged to register a case
and then to proceed with the investigation if he has reason to
suspect the commission of an offence which he is empowered under
Section 156 of the Code to investigate, subject to the proviso to
Section 157. (As we have proposed to make a detailed discussion
about the power of a police officer in the field of investigation of a
cognizable offence within the ambit of Sections 156 and 157 of the
Code in the ensuing part of this judgment, we do not propose to deal
with those sections in extenso in the present context.) In case, an
officer in charge of a police station refuses to exercise the
jurisdiction vested in him and to register a case on the information
of a cognizable offence reported and thereby violates the statutory
duty cast upon him, the person aggrieved by such refusal can send
the substance of the information in writing and by post to the
Superintendent of Police concerned who if satisfied that the
information forwarded to him discloses a cognizable offence, should
either investigate the case himself or direct an investigation to be
made by any police officer subordinate to him in the manner
provided by Sub-section (3) of Section 154 of the Code.
32. Be it noted that in Section 154(1) of the Code, the legislature in
its collective wisdom has carefully and cautiously used the
expression 'information' without qualifying the same as in Section
41(1)(a) or (g) of the Code wherein the expressions, 'reasonable
complaint' and 'credible information' are used. Evidently, the non
qualification of the word 'information' in Section 154(1) unlike in
Section 41(1)(a) and (g) of the Code may be for the reason that the
police officer should not refuse to record an information relating to
the commission of a cognizable offence and to register a case
thereon on the ground that he is not satisfied with the
'reasonableness' or 'credibility' of the said information is not a
condition precedent for registration of a case. A comparison of the
present Section 154 with those of the earlier Codes will indicate that
the legislature had purposely thought it fit to employ only the word

'information' without qualifying the said word. Section 139 of the
Code of Criminal Procedure of 1861 (Act 25 of 1861) passed by the
Legislative Council of India read that 'every complaint or information'
preferred to an officer in charge of a police station should be
reduced into writing which provision was subsequently modified by
Section 112 of the Code of 1872 (Act 10 of 1872) which thereafter
read that 'every complaint' preferred to an officer in charge of a
police station shall be reduced in writing. The word 'complaint'
which occurred in previous two Codes of 1861 and 1872 was deleted
and in that place the word 'information' was used in the Codes of
1882 and 1898 which word is now used in Sections 154, 155, 157
and 190(c) of the present Code of 1973 (Act 2 of 1974). An overall
reading of all the Codes makes it clear that the condition which is
sine qua non for recording a first information report is that there
must be information and that information must disclose a cognizable
offence.
(Emphasis in original)
Finally, this Court in para 33 said:
33. It is, therefore, manifestly clear that if any information disclosing
a cognizable offence is laid before an officer in charge of a police
station satisfying the requirements of Section 154(1) of the Code,
the said police officer has no other option except to enter the
substance thereof in the prescribed form, that is to say, to register a
case on the basis of such information.
5. The views expressed by this Court in paras 31, 32 and 33 as quoted above
leave no manner of doubt that the provision of Section 154 of the Code is
mandatory and the officer concerned is duty-bound to register the case on
the basis of such information disclosing cognizable offence.
68. In Ram Lal Narang (supra), this Court held as under:
14. Under the Code of Criminal Procedure, 1898, whenever an officer in
charge of the police station received information relating to the commission
of a cognizable offence, he was required to enter the substance thereof in a
book kept by him, for that purpose, in the prescribed form (Section 154 Code
of Criminal Procedure). Section 156 of the Code of Criminal Procedure
invested the Police with the power to investigate into cognizable offences
without the order of a Court. If, from the information received or otherwise,
the officer in charge of a police station suspected the commission of a
cognizable offence, he was required to send forthwith a report of the same to
a Magistrate empowered to take cognizance of such offence upon a police
report and then to proceed in person or depute one of his subordinate
officers to proceed to the spot, to investigate the facts and circumstances of
the case and to take measures for the discovery and arrest of the offender
(Section 157 Code of Criminal Procedure). He was required to complete the
investigation without unnecessary delay, and, as soon as it was completed,
to forward to a Magistrate empowered to take cognizance of the offence upon
a police report, a report in the prescribed form, setting forth the names of
the parties, the nature of the information and the names of the persons who
appeared to be acquainted with the circumstances of the case [Section

173(1) Code of Criminal Procedure]. He was also required to state whether
the accused had been forwarded in custody or had been released on bail.
Upon receipt of the report submitted under Section 173(1) Code of Criminal
Procedure by the officer in charge of the police station, the Magistrate
empowered to take cognizance of an offence upon a police report might take
cognizance of the offence [Section 190(1)(b) Code of Criminal Procedure].
Thereafter, if, in the opinion of the Magistrate taking cognizance of the
offence, there was sufficient ground for proceeding, the Magistrate was
required to issue the necessary process to secure the attendance of the
accused (Section 204 Code of Criminal Procedure). The scheme of the Code
thus was that the FIR was followed by investigation, the investigation led to
the submission of a report to the Magistrate, the Magistrate took cognizance
of the offence on receipt of the police report and, finally, the Magistrate
taking cognizance issued process to the accused.
15. The police thus had the statutory right and duty to "register" every
information relating to the commission of a cognizable offence. The police
also had the statutory right and duty to investigate the facts and
circumstances of the case where the commission of a cognizable offence was
suspected and to submit the report of such investigation to the Magistrate
having jurisdiction to take cognizance of the offence upon a police report.
These statutory rights and duties of the police were not circumscribed by any
power of superintendence or interference in the Magistrate; nor was any
sanction required from a Magistrate to empower the Police to investigate into
a cognizable offence. This position in law was well-established. In King
Emperor v. Khwaja Nazir Ahmad the Privy Council observed as follows:
Just as it is essential that everyone accused of a crime should have
free access to a Court of justice, so that he may be duly acquitted if
found not guilty of the offence with which he is charged, so it is of
the utmost importance that the judiciary should not interfere with the
police in matters which are within their province and into which the
law imposes on them the duty of inquiry. In India, as has been
shown, there is a statutory right on the part of the police to
investigate the circumstances of an alleged cognizable crime without
requiring any authority from the judicial authorities, and it would, as
Their Lordships think, be an unfortunate result if it should be held
possible to interfere with those statutory rules by an exercise of the
inherent jurisdiction of the Court. The functions of the judiciary and
the police are complementary, not overlapping, and the combination
of individual liberty with a due observance of law and order is only
to be obtained by leaving each to exercise its own function, always
of course, subject to the right of the Courts to intervene in an
appropriate case when moved under Section 491 of the Code of
Criminal Procedure to give directions in the nature of Habeas Corpus.
In such a case as the present, however, the Court's functions begin
when a charge is preferred before it and not until then... In the
present case, the police have under Sections 154 and 156 of the
Code of Criminal Procedure, a statutory right to investigate a
cognizable offence without requiring the sanction of the Court....
Ordinarily, the right and duty of the police would end with the submission of
a report under Section 173(1) Code of Criminal Procedure upon receipt of

which it was up to the Magistrate to take or not to take cognizance of the
offence. There was no provision in the 1898 Code prescribing the procedure
to be followed by the police, where, after the submission of a report under
Section 173(1) Code of Criminal Procedure and after the Magistrate had
taken cognizance of the offence, fresh facts came to light which required
further investigation. There was, of course, no express provision prohibiting
the police from launching upon an investigation into the fresh facts coming
to light after the submission of the report under Section 173(1) or after the
Magistrate had taken cognizance of the offence. As we shall presently point
out, it was generally thought by many High Courts, though doubted by a few,
that the police were not barred from further investigation by the
circumstance that a report under Section 173(1) had already been submitted
and a Magistrate had already taken cognizance of the offence. The Law
Commission in its 41st report recognized the position and recommended that
the right of the police to make further investigation should be statutorily
affirmed. The Law Commission said:
14.23. A report under Section 173 is normally the end of the
investigation. Sometimes, however, the police officer after
submitting the report under Section 173 comes upon evidence
bearing on the guilt or innocence of the accused. We should have
thought that the police officer can collect that evidence and send it
to the Magistrate concerned. It appears, however, that Courts have
sometimes taken the narrow view that once a final report under
Section 173 has been sent, the police cannot touch the case again
and cannot re-open the investigation. This view places a hindrance
in the way of the investigating agency, which can be very unfair to
the prosecution and, for that matter, even to the accused. It should
be made clear in Section 173 that the competent police officer can
examine such evidence and send a report to the Magistrate. Copies
concerning the fresh material must of course be furnished to the
accused.
Accordingly, in the Code of Criminal Procedure, 1973, a new provision,
Section 173(8), was introduced and it says:
Nothing in this section shall be deemed to preclude further
investigation in respect of an offence after a report under Sub-
section (2) has been forwarded to the Magistrate and, where upon
such investigation, the officer in charge of the police station obtains
further evidence, oral or documentary, he shall forward to the
Magistrate a further report or reports regarding such evidence in the
form prescribed; and the provisions of Sub-sections (2) to (6) shall,
as far as may be, apply in relation to such report or reports as they
apply in relation to a report forwarded under Sub-section (2).
69. In Lallan Chaudhary (supra), this Court held as under:
8. Section 154 of the Code thus casts a statutory duty upon the police officer
to register the case, as disclosed in the complaint, and then to proceed with
the investigation. The mandate of Section 154 is manifestly clear that if any
information disclosing a cognizable offence is laid before an officer in charge
of a police station, such police officer has no other option except to register

the case on the basis of such information.
9. In Ramesh Kumari v. State (NCT of Delhi) this Court has held that the
provision of Section 154 is mandatory. Hence, the police officer concerned is
duty-bound to register the case on receiving information disclosing
cognizable offence. Genuineness or credibility of the information is not a
condition precedent for registration of a case. That can only be considered
after registration of the case.
10. The mandate of Section 154 of the Code is that at the stage of
registration of a crime or a case on the basis of the information disclosing a
cognizable offence, the police officer concerned cannot embark upon an
inquiry as to whether the information, laid by the informant is reliable and
genuine or otherwise and refuse to register a case on the ground that the
information is not relevant or credible. In other words, reliability,
genuineness and credibility of the information are not the conditions
precedent for registering a case under Section 154 of the Code.
A perusal of the above-referred judgments clarify that the reasonableness or
creditability of the information is not a condition precedent for the registration of a
case.
Preliminary Inquiry
70. Mr. Naphade relied on the following decisions in support of his arguments that if
the police officer has a doubt about the veracity of the accusation, he has to conduct
preliminary inquiry, viz., E.P. Royappa v. State of Tamil Nadu
MANU/SC/0380/1973 : (1974) 4 SCC 3,Maneka Gandhi (supra), S.M.D. Kiran
Pasha v. Government of Andhra Pradesh MANU/SC/0473/1989 : (1990) 1 SCC
328, D.K. Basu v. State of W.B. MANU/SC/0157/1997 : (1997) 1 SCC 416,Uma
Shankar Sitani v. Commissioner of Police, Delhi and Ors. : (1996) 11 SCC 714,
Preeti Gupta (supra), Francis Coralie Mullin v. Administrator, Union Territory
of Delhi MANU/SC/0517/1981 : (1981) 1 SCC 608,Common Cause, A Registered
Society v. Union of India MANU/SC/0437/1999 : (1999) 6 SCC 667,District
Registrar and Collector, Hyderabad v. Canara Bank MANU/SC/0935/2004 :
(2005) 1 SCC 496 and Ranjitsing Brahmajeetsing Sharma v. State of
Maharashtra MANU/SC/0268/2005 : (2005) 5 SCC 294.
7 1 . Learned senior counsel for the State further vehemently contended that in
appropriate cases, it would be proper for a police officer, on receipt of a complaint of
a cognizable offence, to satisfy himself that prima facie the allegations levelled
against the accused in the complaint are credible. In this regard, Mr. Naphade cited
the following decisions, viz. Tapan Kumar Singh (supra), Bhagwant Kishore
Joshi (supra), P. Sirajuddin (supra), Sevi (supra), Shashikant (supra),
Rajinder Singh Katoch (supra), Vineet Narain v. Union of India
MANU/SC/0827/1998 : (1998) 1 SCC 226,Elumalai v. State of Tamil Nadu
MANU/TN/0610/1983 : 1983 LW (CRL) 121,A. Lakshmanarao v. Judicial
Magistrate, Parvatipuram MANU/SC/0076/1970 : AIR 1971 SC 186,State of
Uttar Pradesh v. Ram Sagar Yadav and Ors. MANU/SC/0118/1985 : (1985) 1
SCC 552, Mona Panwar v. High Court of Judicature of Allahabad
MANU/SC/0087/2011 : (2011) 3 SCC 496,Apren Joseph v. State of Kerala
MANU/SC/0078/1972 : (1973) 3 SCC 114,King Emperor v. Khwaja Nazir Ahmad
MANU/PR/0007/1944 : AIR 1945 PC 18 andSarangdharsingh Shivdassingh

Chavan (supra).
72. He further pointed out that the provisions have to be read in the light of the
principle of malicious prosecution and the fundamental rights guaranteed under
Articles 14, 19 and 21. It is the stand of learned senior counsel that every citizen has
a right not to be subjected to malicious prosecution and every police officer has an
in-built duty under Section 154 to ensure that an innocent person is not falsely
implicated in a criminal case. If despite the fact that the police officer is not prima
facie satisfied, as regards commission of a cognizable offence and proceeds to
register an FIR and carries out an investigation, it would result in putting the liberty
of a citizen in jeopardy. Therefore, learned senior counsel vehemently pleaded for a
preliminary inquiry before registration of FIR.
73. In terms of the language used in Section 154 of the Code, the police is duty
bound to proceed to conduct investigation into a cognizable offence even without
receiving information (i.e. FIR) about commission of such an offence, if the officer in
charge of the police station otherwise suspects the commission of such an offence.
The legislative intent is therefore quite clear, i.e., to ensure that every cognizable
offence is promptly investigated in accordance with law. This being the legal
position, there is no reason that there should be any discretion or option left with the
police to register or not to register an FIR when information is given about the
commission of a cognizable offence. Every cognizable offence must be investigated
promptly in accordance with law and all information provided under Section 154 of
the Code about the commission of a cognizable offence must be registered as an FIR
so as to initiate an offence. The requirement of Section 154 of the Code is only that
the report must disclose the commission of a cognizable offence and that is sufficient
to set the investigating machinery into action.
7 4 . The insertion of Sub-section (3) of Section 154, by way of an amendment,
reveals the intention of the legislature to ensure that no information of commission of
a cognizable offence must be ignored or not acted upon which would result in
unjustified protection of the alleged offender/accused.
75. The maxim expression unius est exclusion alterius (expression of one thing is the
exclusion of another) applies in the interpretation of Section 154 of the Code, where
the mandate of recording the information in writing excludes the possibility of not
recording an information of commission of a cognizable crime in the special register.
76. Therefore, conducting an investigation into an offence after registration of FIR
under Section 154 of the Code is the "procedure established by law" and, thus, is in
conformity with Article 21 of the Constitution. Accordingly, the right of the accused
under Article 21 of the Constitution is protected if the FIR is registered first and then
the investigation is conducted in accordance with the provisions of law.
77. The term inquiry as per Section 2(g) of the Code reads as under:
2(g) - "inquiry" means every inquiry, other than a trial, conducted under
this Code by a Magistrate or Court.
Hence, it is clear that inquiry under the Code is relatable to a judicial act and not to
the steps taken by the Police which are either investigation after the stage of Section
154 of the Code or termed as 'Preliminary Inquiry' and which are prior to the
registration of FIR, even though, no entry in the General Diary/Station Diary/Daily
Diary has been made.

78. Though there is reference to the term 'preliminary inquiry' and 'inquiry' under
Sections 159 and Sections 202 and 340 of the Code, that is a judicial exercise
undertaken by the Court and not by the Police and is not relevant for the purpose of
the present reference.
79. Besides, learned senior counsel relied on the special procedures prescribed under
the CBI manual to be read into Section 154. It is true that the concept of "preliminary
inquiry" is contained in Chapter IX of the Crime Manual of the CBI. However, this
Crime Manual is not a statute and has not been enacted by the legislature. It is a set
of administrative orders issued for internal guidance of the CBI officers. It cannot
supersede the Code. Moreover, in the absence of any indication to the contrary in the
Code itself, the provisions of the CBI Crime Manual cannot be relied upon to import
the concept of holding of preliminary inquiry in the scheme of the Code of Criminal
Procedure. At this juncture, it is also pertinent to submit that the CBI is constituted
under a Special Act, namely, the Delhi Special Police Establishment Act, 1946 and it
derive its power to investigate from this Act.
8 0 . It may be submitted that Sections 4(2) and 5 of the Code permit special
procedures to be followed for special Acts. Section 4 of the Code lays down as under:
Section 4. Trial of offences under the Indian Penal Code and other
laws. (1) All offences under the Indian Penal Code (45 of 1860) shall be
investigated, inquired into, tried, and otherwise dealt with according to the
provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into,
tried, and otherwise dealt with according to the same provisions, but subject
to any enactment for the time being in force regulating the manner or place
of investigating, inquiring into, trying or otherwise dealing with such
offences.
It is thus clear that for offences under laws other than Indian Penal Code, different
provisions can be laid down under a special Act to regulate the investigation, inquiry,
trial etc., of those offences. Section 4(2) of the Code protects such special
provisions.
81. Moreover, Section 5 of the Code lays down as under:
Section 5. Saving-Nothing contained in this Code shall, in the absence of a
specific provision to the contrary, affect any special or local law for the time
being in force, or any special jurisdiction or power conferred, or any special
form of procedure prescribed, by any other law for the time being in force.
Thus, special provisions contained in the DSPE Act relating to the powers of the CBI
are protected also by Section 5 of the Code.
82. In view of the above specific provisions in the Code, the powers of the CBI under
the DSPE Act, cannot be equated with the powers of the regular State Police under
the Code.
Significance and Compelling reasons for registration of FIR at the earliest
83. The object sought to be achieved by registering the earliest information as FIR is
inter alia two fold: one, that the criminal process is set into motion and is well

documented from the very start; and second, that the earliest information received in
relation to the commission of a cognizable offence is recorded so that there cannot
be any embellishment etc., later.
8 4 . Principles of democracy and liberty demand a regular and efficient check on
police powers. One way of keeping check on authorities with such powers is by
documenting every action of theirs. Accordingly, under the Code, actions of the
police etc., are provided to be written and documented. For example, in case of
arrest under Section 41(1)(b) of the Code, arrest memo along with the grounds has
to be in writing mandatorily; under Section 55 of the Code, if an officer is deputed to
make an arrest, then the superior officer has to write down and record the offence
etc., for which the person is to be arrested; under Section 91 of the Code, a written
order has to be passed by the concerned officer to seek documents; under Section
160 of the Code, a written notice has to be issued to the witness so that he can be
called for recording of his/her statement, seizure memo/panchnama has to be drawn
for every article seized etc.
5. The police is required to maintain several records including Case Diary as provided
under Section 172 of the Code, General Diary as provided under Section 44 of the
Police Act etc., which helps in documenting every information collected, spot visited
and all the actions of the police officers so that their activities can be documented.
Moreover, every information received relating to commission of a non-cognizable
offence also has to be registered under Section 155 of the Code.
8 6 . The underpinnings of compulsory registration of FIR is not only to ensure
transparency in the criminal justice delivery system but also to ensure 'judicial
oversight'. Section 157(1) deploys the word 'forthwith'. Thus, any information
received under Section 154(1) or otherwise has to be duly informed in the form of a
report to the Magistrate. Thus, the commission of a cognizable offence is not only
brought to the knowledge of the investigating agency but also to the subordinate
judiciary.
87. The Code contemplates two kinds of FIRs. The duly signed FIR under Section
154(1) is by the informant to the concerned officer at the police station. The second
kind of FIR could be which is registered by the police itself on any information
received or other than by way of an informant [Section 157(1)] and even this
information has to be duly recorded and the copy should be sent to the Magistrate
forthwith.
88. The registration of FIR either on the basis of the information furnished by the
informant under Section 154(1) of the Code or otherwise under Section 157(1) of the
Code is obligatory. The obligation to register FIR has inherent advantages:
a) It is the first step to 'access to justice' for a victim.
b) It upholds the 'Rule of Law' inasmuch as the ordinary person brings forth
the commission of a cognizable crime in the knowledge of the State.
c) It also facilitates swift investigation and sometimes even prevention of the
crime. In both cases, it only effectuates the regime of law.
d) It leads to less manipulation in criminal cases and lessens incidents of
'ante-dates' FIR or deliberately delayed FIR.

89. I n Thulia Kali v. State of Tamil Nadu MANU/SC/0276/1972 : (1972) 3 SCC
393, this Court held as under:
12...First information report in a criminal case is an extremely vital and
valuable piece of evidence for the purpose of corroborating the oral evidence
adduced at the trial. The importance of the above report can hardly be
overestimated from the standpoint of the accused. The object of insisting
upon prompt lodging of the report to the police in respect of commission of
an offence is to obtain early information regarding the circumstances in
which the crime was committed, the names of the actual culprits and the part
played by them as well as the names of eyewitnesses present at the scene of
occurrence. Delay in lodging the first information report quite often results in
embellishment which is a creature of afterthought. On account of delay, the
report not only gets bereft of the advantage of spontaneity, danger creeps in
of the introduction of coloured version, exaggerated account or concocted
story as a result of deliberation and consultation. It is, therefore, essential
that the delay in the lodging of the first information report should be
satisfactorily explained....
90. In Tapan Kumar Singh (supra), it was held as under:
20. It is well settled that a first information report is not an encyclopaedia,
which must disclose all facts and details relating to the offence reported. An
informant may lodge a report about the commission of an offence though he
may not know the name of the victim or his assailant. He may not even know
how the occurrence took place. A first informant need not necessarily be an
eyewitness so as to be able to disclose in great detail all aspects of the
offence committed. What is of significance is that the information given must
disclose the commission of a cognizable offence and the information so
lodged must provide a basis for the police officer to suspect the commission
of a cognizable offence. At this stage it is enough if the police officer on the
basis of the information given suspects the commission of a cognizable
offence, and not that he must be convinced or satisfied that a cognizable
offence has been committed. If he has reasons to suspect, on the basis of
information received, that a cognizable offence may have been committed, he
is bound to record the information and conduct an investigation. At this stage
it is also not necessary for him to satisfy himself about the truthfulness of
the information. It is only after a complete investigation that he may be able
to report on the truthfulness or otherwise of the information. Similarly, even
if the information does not furnish all the details he must find out those
details in the course of investigation and collect all the necessary evidence.
The information given disclosing the commission of a cognizable offence
only sets in motion the investigative machinery, with a view to collect all
necessary evidence, and thereafter to take action in accordance with law. The
true test is whether the information furnished provides a reason to suspect
the commission of an offence, which the police officer concerned is
empowered under Section 156 of the Code to investigate. If it does, he has
no option but to record the information and proceed to investigate the case
either himself or depute any other competent officer to conduct the
investigation. The question as to whether the report is true, whether it
discloses full details regarding the manner of occurrence, whether the
accused is named, and whether there is sufficient evidence to support the
allegations are all matters which are alien to the consideration of the

question whether the report discloses the commission of a cognizable
offence. Even if the information does not give full details regarding these
matters, the investigating officer is not absolved of his duty to investigate
the case and discover the true facts, if he can.
91. In Madhu Bala (supra), this Court held:
6. Coming first to the relevant provisions of the Code, Section 2(d) defines
"complaint" to mean any allegation made orally or in writing to a Magistrate,
with a view to his taking action under the Code, that some person, whether
known or unknown has committed an offence, but does not include a police
report. Under Section 2(c) "cognizable offence" means an offence for which,
and "cognizable case" means a case in which a police officer may in
accordance with the First Schedule (of the Code) or under any other law for
the time being in force, arrest without a warrant. Under Section 2(r) "police
report" means a report forwarded by a police officer to a Magistrate under
Sub-section (2) of Section 173 of the Code. Chapter XII of the Code
comprising Sections 154 to 176 relates to information to the police and their
powers to investigate. Section 154 provides, inter alia, that the officer in
charge of a police station shall reduce into writing every information relating
to the commission of a cognizable offence given to him orally and every such
information if given in writing shall be signed by the person giving it and the
substance thereof shall be entered in a book to be kept by such officer in
such form as the State Government may prescribe in this behalf. Section 156
of the Code with which we are primarily concerned in these appeals reads as
under....
9. The mode and manner of registration of such cases are laid down in the
Rules framed by the different State Governments under the Indian Police Act,
1861. As in the instant case we are concerned with Punjab Police Rules, 1934
(which are applicable to Punjab, Haryana, Himachal Pradesh and Delhi)
framed under the said Act we may now refer to the relevant provisions of
those Rules. Chapter XXIV of the said Rules lays down the procedure an
officer in charge of a police station has to follow on receipt of information of
commission of crime. Under Rule 24.1 appearing in the Chapter every
information covered by Section 154 of the Code must be entered in the First
Information Report Register and the substance thereof in the daily diary. Rule
24.5 says that the First Information Report Register shall be a printed book
in Form 24.5(1) consisting of 200 pages and shall be completely filled before
a new one is commenced. It further requires that the cases shall bear an
annual serial number in each police station for each calendar year. The other
requirements of the said Rules need not be detailed as they have no
relevance to the point at issue.
10. From the foregoing discussion it is evident that whenever a Magistrate
directs an investigation on a "complaint" the police has to register a
cognizable case on that complaint treating the same as the FIR and comply
with the requirements of the above Rules. It, therefore, passes our
comprehension as to how the direction of a Magistrate asking the police to
"register a case" makes an order of investigation under Section 156(3)
legally unsustainable. Indeed, even if a Magistrate does not pass a direction
to register a case, still in view of the provisions of Section 156(1) of the
Code which empowers the police to investigate into a cognizable "case" and

the Rules framed under the Indian Police Act, 1861 it (the police) is duty-
bound to formally register a case and then investigate into the same. The
provisions of the Code, therefore, do not in any way stand in the way of a
Magistrate to direct the police to register a case at the police station and then
investigate into the same. In our opinion when an order for investigation
under Section 156(3) of the Code is to be made the proper direction to the
police would be "to register a case at the police station treating the
complaint as the first information report and investigate into the same.
92. According to the Statement of Objects and Reasons, protection of the interests of
the poor is clearly one of the main objects of the Code. Making registration of
information relating to commission of a cognizable offence mandatory would help the
society, especially, the poor in rural and remote areas of the country.
93. The Committee on Reforms of Criminal Justice System headed by Dr. Justice V.S.
Malimath also noticed the plight faced by several people due to non-registration of
FIRs and recommended that action should be taken against police officers who refuse
to register such information. The Committee observed:
7.19.1 According to the Section 154 of the Code of Criminal Procedure, the
office incharge of a police station is mandated to register every information
oral or written relating to the commission of a cognizable offence. Non-
registration of cases is a serious complaint against the police. The National
Police Commission in its 4th report lamented that the police "evade
registering cases for taking up investigation where specific complaints are
lodged at the police stations". It referred to a study conducted by the Indian
Institute of Public Opinion, New Delhi regarding "Image of the Police in
India" which observed that over 50% of the Respondents mention non-
registration of complaints as a common practice in police stations.
7.19.2 The Committee recommends that all complaints should be registered
promptly, failing which appropriate action should be taken. This would
necessitate change in the mind - set of the political executive and that of
senior officers.
7.19.4 There are two more aspects relating to registration. The first is
minimization of offences by the police by way of not invoking appropriate
sections of law. We disapprove of this tendency. Appropriate sections of law
should be invoked in each case unmindful of the gravity of offences involved.
The second issue is relating to the registration of written complaints. There is
an increasing tendency amongst the police station officers to advise the
informants, who come to give oral complaints, to bring written complaints.
This is wrong. Registration is delayed resulting in valuable loss of time in
launching the investigation and apprehension of criminals. Besides, the
complainant gets an opportunity to consult his friends, relatives and
sometimes even lawyers and often tends to exaggerate the crime and
implicate innocent persons. This eventually has adverse effect at the trial.
The information should be reduced in writing by the SH, if given orally,
without any loss of time so that the first version of the alleged crime comes
on record.
7.20.11 It has come to the notice of the Committee that even in cognizable
cases quite often the Police officers do not entertain the complaint and send

the complainant away saying that the offence is not cognizable. Sometimes
the police twist facts to bring the case within the cognizable category even
though it is non-cognizable, due to political or other pressures or corruption.
This menace can be stopped by making it obligatory on the police officer to
register every complaint received by him. Breach of this duty should become
an offence punishable in law to prevent misuse of the power by the police
officer.
94. It means that the number of FIRs not registered is approximately equivalent to
the number of FIRs actually registered. Keeping in view the NCRB figures that show
that about 60 lakh cognizable offences were registered in India during the year 2012,
the burking of crime may itself be in the range of about 60 lakh every year. Thus, it
is seen that such a large number of FIRs are not registered every year, which is a
clear violation of the rights of the victims of such a large number of crimes.
95. Burking of crime leads to dilution of the rule of law in the short run; and also
has a very negative impact on the rule of law in the long run since people stop
having respect for rule of law. Thus, non-registration of such a large number of FIRs
leads to a definite lawlessness in the society.
96. Therefore, reading Section 154 in any other form would not only be detrimental
to the Scheme of the Code but also to the society as a whole. It is thus seen that this
Court has repeatedly held in various decided cases that registration of FIR is
mandatory if the information given to the police under Section 154 of the Code
discloses the commission of a cognizable offence.
Is there a likelihood of misuse of the provision?
97. Another, stimulating argument raised in support of preliminary inquiry is that
mandatory registration of FIRs will lead to arbitrary arrest, which will directly be in
contravention of Article 21 of the Constitution.
9 8 . While registration of FIR is mandatory, arrest of the accused immediately on
registration of FIR is not at all mandatory. In fact, registration of FIR and arrest of an
accused person are two entirely different concepts under the law, and there are
several safeguards available against arrest. Moreover, it is also pertinent to mention
that an accused person also has a right to apply for "anticipatory bail" under the
provisions of Section 438 of the Code if the conditions mentioned therein are
satisfied. Thus, in appropriate cases, he can avoid the arrest under that provision by
obtaining an order from the Court.
99. It is also relevant to note that in Joginder Kumar v. State of U.P. and Ors.
MANU/SC/0311/1994 : (1994) 4 SCC 260, this Court has held that arrest cannot be
made by police in a routine manner. Some important observations are reproduced as
under:
20...No arrest can be made in a routine manner on a mere allegation of
commission of an offence made against a person. It would be prudent for a
police officer in the interest of protection of the constitutional rights of a
citizen and perhaps in his own interest that no arrest should be made without
a reasonable satisfaction reached after some investigation as to the
genuineness and bona fides of a complaint and a reasonable belief both as to
the person's complicity and even so as to the need to effect arrest. Denying a
person of his liberty is a serious matter. The recommendations of the Police

Commission merely reflect the constitutional concomitants of the
fundamental right to personal liberty and freedom. A person is not liable to
arrest merely on the suspicion of complicity in an offence. There must be
some reasonable justification in the opinion of the officer effecting the arrest
that such arrest is necessary and justified. Except in heinous offences, an
arrest must be avoided if a police officer issues notice to person to attend the
Station House and not to leave the Station without permission would do.
100. The registration of FIR under Section 154 of the Code and arrest of an accused
person under Section 41 are two entirely different things. It is not correct to say that
just because FIR is registered, the accused person can be arrested immediately. It is
the imaginary fear that "merely because FIR has been registered, it would require
arrest of the accused and thereby leading to loss of his reputation" and it should not
be allowed by this Court to hold that registration of FIR is not mandatory to avoid
such inconvenience to some persons. The remedy lies in strictly enforcing the
safeguards available against arbitrary arrests made by the police and not in allowing
the police to avoid mandatory registration of FIR when the information discloses
commission of a cognizable offence.
101. This can also be seen from the fact that Section 151 of the Code allows a police
officer to arrest a person, even before the commission of a cognizable offence, in
order to prevent the commission of that offence, if it cannot be prevented otherwise.
Such preventive arrests can be valid for 24 hours. However, a Maharashtra State
amendment to Section 151 allows the custody of a person in that State even for up to
a period of 30 days (with the order of the Judicial Magistrate) even before a
cognizable offence is committed in order to prevent commission of such offence.
Thus, the arrest of a person and registration of FIR are not directly and/or
irreversibly linked and they are entirely different concepts operating under entirely
different parameters. On the other hand, if a police officer misuses his power of
arrest, he can be tried and punished under Section 166.
102. Besides, the Code gives power to the police to close a matter both before and
after investigation. A police officer can foreclose an FIR before an investigation under
Section 157 of the Code, if it appears to him that there is no sufficient ground to
investigate the same. The Section itself states that a police officer can start
investigation when he has a 'reason to suspect the commission of an offence'.
Therefore, the requirements of launching an investigation under Section 157 of the
Code are higher than the requirement under Section 154 of the Code. The police
officer can also, in a given case, investigate the matter and then file a final report
under Section 173 of the Code seeking closure of the matter. Therefore, the police is
not liable to launch an investigation in every FIR which is mandatorily registered on
receiving information relating to commission of a cognizable offence.
103. Likewise, giving power to the police to close an investigation, Section 157 of
the Code also acts like a check on the police to make sure that it is dispensing its
function of investigating cognizable offences. This has been recorded in the 41st
Report of the Law Commission of India on the Code of Criminal Procedure, 1898 as
follows:
14.1...If the offence does not appear to be serious and if the station-house
officer thinks there is no sufficient ground for starting an investigation, he
need not investigate but, here again, he has to send a report to the
Magistrate who can direct the police to investigate, or if the Magistrate thinks

fit, hold an inquiry himself.
14.2. A noticeable feature of the scheme as outlined above is that a
Magistrate is kept in the picture at all stages of the police investigation, but
he is not authorized to interfere with the actual investigation or to direct the
police how that investigation is to be conducted.
Therefore, the Scheme of the Code not only ensures that the time of the police
should not be wasted on false and frivolous information but also that the police
should not intentionally refrain from doing their duty of investigating cognizable
offences. As a result, the apprehension of misuse of the provision of mandatory
registration of FIR is unfounded and speculative in nature.
1 0 4 . It is the stand of Mr. Naphade, learned senior Counsel for the State of
Maharashtra that when an innocent person is falsely implicated, he not only suffers
from loss of reputation but also from mental tension and his personal liberty is
seriously impaired. He relied on the Maneka Gandhi (supra), which held the
proposition that the law which deprives a person of his personal liberty must be
reasonable both from the stand point of substantive as well as procedural aspect is
now firmly established in our Constitutional law. Therefore, he pleaded for a fresh
look at Section 154 of the Code, which interprets Section 154 of the Code in
conformity with the mandate of Article 21.
105. It is true that a delicate balance has to be maintained between the interest of
the society and protecting the liberty of an individual. As already discussed above,
there are already sufficient safeguards provided in the Code which duly protect the
liberty of an individual in case of registration of false FIR. At the same time, Section
154 was drafted keeping in mind the interest of the victim and the society. Therefore,
we are of the cogent view that mandatory registration of FIRs under Section 154 of
the Code will not be in contravention of Article 21 of the Constitution as purported by
various counsel.
Exceptions:
1 0 6 . Although, we, in unequivocal terms, hold that Section 154 of the Code
postulates the mandatory registration of FIRs on receipt of all cognizable offence,
yet, there may be instances where preliminary inquiry may be required owing to the
change in genesis and novelty of crimes with the passage of time. One such instance
is in the case of allegations relating to medical negligence on the part of doctors. It
will be unfair and inequitable to prosecute a medical professional only on the basis of
the allegations in the complaint.
107. In the context of medical negligence cases, in Jacob Mathew (supra), it was
held by this Court as under:
51. We may not be understood as holding that doctors can never be
prosecuted for an offence of which rashness or negligence is an essential
ingredient. All that we are doing is to emphasise the need for care and
caution in the interest of society; for, the service which the medical
profession renders to human beings is probably the noblest of all, and hence
there is a need for protecting doctors from frivolous or unjust prosecutions.
Many a complainant prefer recourse to criminal process as a tool for
pressurising the medical professional for extracting uncalled for or unjust
compensation. Such malicious proceedings have to be guarded against.

52. Statutory rules or executive instructions incorporating certain guidelines
need to be framed and issued by the Government of India and/or the State
Governments in consultation with the Medical Council of India. So long as it
is not done, we propose to lay down certain guidelines for the future which
should govern the prosecution of doctors for offences of which criminal
rashness or criminal negligence is an ingredient. A private complaint may not
be entertained unless the complainant has produced prima facie evidence
before the court in the form of a credible opinion given by another competent
doctor to support the charge of rashness or negligence on the part of the
accused doctor. The investigating officer should, before proceeding against
the doctor accused of rash or negligent act or omission, obtain an
independent and competent medical opinion preferably from a doctor in
government service, qualified in that branch of medical practice who can
normally be expected to give an impartial and unbiased opinion applying the
Bolam test to the facts collected in the investigation. A doctor accused of
rashness or negligence, may not be arrested in a routine manner (simply
because a charge has been levelled against him). Unless his arrest is
necessary for furthering the investigation or for collecting evidence or unless
the investigating officer feels satisfied that the doctor proceeded against
would not make himself available to face the prosecution unless arrested, the
arrest may be withheld.
108. In the context of offences relating to corruption, this Court in P. Sirajuddin
(supra) expressed the need for a preliminary inquiry before proceeding against public
servants.
109. Similarly, in Tapan Kumar Singh (supra), this Court has validated a preliminary
inquiry prior to registering an FIR only on the ground that at the time the first
information is received, the same does not disclose a cognizable offence.
110. Therefore, in view of various counter claims regarding registration or non-
registration, what is necessary is only that the information given to the police must
disclose the commission of a cognizable offence. In such a situation, registration of
an FIR is mandatory. However, if no cognizable offence is made out in the
information given, then the FIR need not be registered immediately and perhaps the
police can conduct a sort of preliminary verification or inquiry for the limited purpose
of ascertaining as to whether a cognizable offence has been committed. But, if the
information given clearly mentions the commission of a cognizable offence, there is
no other option but to register an FIR forthwith. Other considerations are not relevant
at the stage of registration of FIR, such as, whether the information is falsely given,
whether the information is genuine, whether the information is credible etc. These
are the issues that have to be verified during the investigation of the FIR. At the
stage of registration of FIR, what is to be seen is merely whether the information
given ex facie discloses the commission of a cognizable offence. If, after
investigation, the information given is found to be false, there is always an option to
prosecute the complainant for filing a false FIR.
Conclusion/Directions:
111. In view of the aforesaid discussion, we hold:
(i) Registration of FIR is mandatory under Section 154 of the Code, if the
information discloses commission of a cognizable offence and no preliminary

inquiry is permissible in such a situation.
(ii) If the information received does not disclose a cognizable offence but
indicates the necessity for an inquiry, a preliminary inquiry may be
conducted only to ascertain whether cognizable offence is disclosed or not.
(iii) If the inquiry discloses the commission of a cognizable offence, the FIR
must be registered. In cases where preliminary inquiry ends in closing the
complaint, a copy of the entry of such closure must be supplied to the first
informant forthwith and not later than one week. It must disclose reasons in
brief for closing the complaint and not proceeding further.
(iv) The police officer cannot avoid his duty of registering offence if
cognizable offence is disclosed. Action must be taken against erring officers
who do not register the FIR if information received by him discloses a
cognizable offence.
(v) The scope of preliminary inquiry is not to verify the veracity or otherwise
of the information received but only to ascertain whether the information
reveals any cognizable offence.
(vi) As to what type and in which cases preliminary inquiry is to be
conducted will depend on the facts and circumstances of each case. The
category of cases in which preliminary inquiry may be made are as under:
(a) Matrimonial disputes/family disputes
(b) Commercial offences
(c) Medical negligence cases
(d) Corruption cases
(e) Cases where there is abnormal delay/laches in initiating criminal
prosecution, for example, over 3 months delay in reporting the
matter without satisfactorily explaining the reasons for delay.
The aforesaid are only illustrations and not exhaustive of all conditions which may
warrant preliminary inquiry.
(vii) While ensuring and protecting the rights of the accused and the complainant, a
preliminary inquiry should be made time bound and in any case it should not exceed
fifteen days generally and in exceptional cases, by giving adequate reasons, six
weeks time is provided. The fact of such delay and the causes of it must be reflected
in the General Diary entry.
(viii) Since the General Diary/Station Diary/Daily Diary is the record of all
information received in a police station, we direct that all information relating to
cognizable offences, whether resulting in registration of FIR or leading to an inquiry,
must be mandatorily and meticulously reflected in the said Diary and the decision to
conduct a preliminary inquiry must also be reflected, as mentioned above.
112. With the above directions, we dispose of the reference made to us. List all the
matters before the appropriate Bench for disposal on merits.

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MANU/SC/1166/2013

IN THE SUPREME COURT OF INDIA

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