Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
The case of Lalita Kumari vs. Govt. of U.P. & Ors. revolves around the mandatory nature of registering a First Information Report (FIR) by the police upon receiving information related to the commission of a cognizable offense under Section 154 of the Code of Criminal Procedure, 1973 (CrPC).
Key Points:
1. Issue: The primary issue is whether a police officer is obligated to register an FIR immediately upon receiving information about a cognizable offense or if they can conduct a preliminary inquiry to verify the information’s credibility.
2. Background: Lalita Kumari, a minor, was allegedly kidnapped. Her father filed a writ petition because the police did not act promptly on the complaint. This led to a larger debate on the uniformity and immediacy of registering FIRs across India.
3. Legal Context:
- Section 154 CrPC: Specifies the process for registering an FIR when information about a cognizable offense is received.
- Section 156 and 157 CrPC: Relate to the police officer’s powers and procedures for investigating cognizable offenses.
4. Supreme Court Ruling:
- The Court held that the registration of an FIR is mandatory under Section 154 of the CrPC if the information discloses the commission of a cognizable offense.
- The word “shall” in Section 154 indicates that it is a statutory duty for police officers to register an FIR without conducting any preliminary inquiry.
- However, in cases where the information does not clearly disclose a cognizable offense or falls under specific exceptions (e.g., matrimonial disputes, medical negligence), a preliminary inquiry can be conducted to ascertain the veracity of the complaint.
5. Impact:
- Ensures prompt registration of FIRs, which is crucial for the protection of the rights of the victims and for initiating timely investigations.
- Provides clarity on the non-discretionary duty of police officers to register FIRs while also allowing for certain exceptions where a preliminary inquiry is justified.
The judgment emphasized the importance of registering FIRs to maintain public trust in the legal system and ensure that police actions are transparent and accountable.
