TODAY -

Registration of FIR in cognisable offence must : SC
Source: The Sangai Express / Press Trust of India

New Delhi, November 12 2013: Registration of FIR by police in cognisable offence is a must and action must be taken against officials for not lodging a case on the complaint filed in such offences, the Supreme Court held today.

A five-judge Constitution Bench headed by Chief Justice P Sathasivam said if discretion is allowed to the police in registration of first information reports (FIRs) then it can have serious consequences on the public order situation and can also adversely affect the rights of the victims.

The bench, also comprising justices B S Chauhan, Ranjan P Desai, Ranjan Gogoi and S A Bobde, however said that depending on facts of the case, a preliminary inquiry may be allowed in cases of matrimonial disputes, commercial offences, medical negligence, corruption cases.

"We hold 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," the bench said.

"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," it said.

"Reasonableness or credibility of the information is not a condition precedent for the registration of a case," the bench said.

Referring to provisions of Criminal Procedure Code, the bench said there is no ambiguity in law that registration of FIR is compulsory.

"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," it said.

"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," the bench said in its 96-page verdict.

The apex court said that if the information received by police official does not disclose a cognizable offence then a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not and the scope of inquiry is not to verify the veracity of information but only to ascertain whether the information reveals any cognizable offence.

"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 bench said.

The bench said that 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 within a week and reasons for closing the complaint must be furnished.

It held that preliminary probe may also be done in cases where there is abnormal delay in initiating criminal prosecution but said that "a preliminary inquiry should be made time bound and in any case it should not exceed 7 days" .

It said 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.

The bench set aside the contentions of various state governments that preliminary inquiry is required before registration of FIR as frivolous complaints are filed and people can be arrested on that basis resulting in violation of their fundamental rights.

"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," it said.


* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Abdul Hafiz graveyard at Imphal War Cemetery
  • Violence in Manipur 2023-2026 : Timeline
  • Homecoming : Exhibition at Washington DC
  • Why NSCN-IM & ZUF must preserve Naga
  • The Funeral of Kindness :: Poem
  • Dignified menstruation for gender equality
  • World Environment Day 2026
  • Welcomes New DGP
  • Coming together of the indigenes
  • Martyrs' Day @ Cheiraoching #3 : Gallery
  • Showcasing product from IDPs at Switzerland
  • The abduction & 'murder' of 6 Naga civilians
  • Why keep returning to Regional Politics ?
  • One missed coffee & a full existential crisis
  • Trekking, Camping banned in Nongmaiching
  • Avocados Cultivation Programme at Pangin
  • Guwahati Open PWR 200 concluded
  • Focus on flip flop stand of the UNC
  • The King Who Came from the Sky: Pakhangpa
  • SoO : An assault on native people of Manipur
  • Manipur - Example of Underdevelopment
  • Cries in Agony :: Poem
  • 'CCpur & Kpi Road no longer safe'
  • Home Ground: Meghalaya Future of Tourism
  • Burnout healthcare staff & patient safety
  • Fate of hostages : Flip of the coin ?
  • Chakan Gang-Ngai 2026 : Ooba Video
  • Unfinished requiem- Linthoingambi & Hemanjit
  • "Ningol Van" Launched at Taobungkhok
  • Calm reflection vis a vis brute violence : Poem
  • Foundation Days of States/UT
  • World No Tobacco Day 2026
  • Breast Cancer Awareness in Guwahati
  • Licensed to create mayhem ?
  • How to Break Manipur w/o Breaking Any Laws
  • 17th Manipur State Film Awards (MSFA), 2025
  • World We Make, World That Makes Us : Poem
  • Counting Right, Voting Right: What SIR means
  • Calls on Indonesia to ratify tobacco treaty
  • Honourable exit for Ashutosh & Kailun
  • Police Museum at 1st Manipur Rifles
  • Eid-Ul-Zuha @Sangaiyumpham : Gallery
  • June Calendar for Year 2026 : Tools
  • 16th Manipur State Film Awards (MSFA), 2024
  • KIM's proposed rally must be called off
  • International Menstrual Hygiene Day
  • Plants : The force that engineered Earth
  • AC: How does it affect the skin ?
  • Onslaughts at Ukhrul district
  • Lhangpat Mei @Keishamthong #2: Gallery
  • Anthem of Switland :: Poem
  • CM visits Makhan Naga Village
  • Manipur University needs fresh air
  • False Narrative on Killing of Thadou Christian
  • Summer Coaching Camp 2026 @NSU
  • Tribute to Pu Mangvung Paokholun Haokip
  • Incursion from across the border
  • Radio E-pao: 5 new songs updated
  • Manipuri Community in Assam Calls for Vision
  • School dropouts & never-enrolled children
  • M. Tech at Assam University
  • Under One Sky or Leased ? :: Poem
  • When AI speaks in tribal languages
  • 'The Unbecoming' makes Northeast debut
  • After crossing the three year mark
  • Cheirao-chingkaba on Cheiraoba #2: Gallery
  • Anoi Group Art Exhibition 2026 : Download
  • Exploring Hyderabad's Museums #1
  • Maharaja Garib Niwaz : Manipuri civilisation #4
  • IEC Campaign at Willong Khullen
  • World Emergency Medicine Day 2026
  • Liver & GI super-speciality clinic
  • Adding more muscle to State Police
  • Rally at New Checkon- May 25 : Gallery
  • Hritwika Majumder at Miss Grand India 2026
  • How social media fuels division & ethnic tension
  • Saving Manipur's vanishing paddy & wetland
  • Helpline for Thadou people
  • 477 new Manipur Police Vehicles
  • NDPP-NPF merger accepted by ECI
  • Seeking to pitch Nagas against Meiteis
  • 63rd Mr. Manipur #3 : Gallery
  • Why CJP resonates with Manipur's youth
  • A moral, humanitarian reflection on violence
  • Financial assistance to IDPs
  • Legally binding treaty for older persons
  • Zoonotic Disease : Link animal & human
  • Jealous of Meloni
  • Making the bodies disappear !
  • Yaoshang - Cooking Competition : Gallery
  • Manipur State Award for Literature 2024
  • Manipur's unresolved Political Journey
  • 'Kuki is not an ethnic name'
  • Miyawaki Plantation Experiment at Langol
  • A Ploy to Keep the Chasm Wide Open : Poem
  • 45th Water India Expo 2026
  • Beating of the Retreat #1: Gallery
  • Martyred Rev Dr Vumthang Sitlhou
  • When Ima Weeps in Silence :: Poem
  • International Eld's Deer Day
  • Sticking to a consistent narrative
  • Arms recovered from Lamdeng: Gallery
  • Khatingla, Sumpa, Gaikhuluanlung : Eming
  • Exploring Kolkata: College Street #1
  • Wetland grabbing, hydropower, & ecologies
  • Condoles Demise of Khangembam Kuleswar
  • Upgradation of Imp-Jiri road: Poor planning
  • IEC Campaign at Phaibung, Senapati
  • In a mess for over 3 years now
  • The King Who Built a Golden Bridge : Kyampa
  • Mother's Day at Pukhao : Gallery
  • Manipur in India Constitutional Transition #3
  • Satyajit Ray's universal language
  • Decoding MLR & LR Act, 1960 & Article 371C
  • National Endangered Species Day 2026
  • India-New Zealand step into a new eco league
  • Posers over fate of abducted 6 Naga men
  • Sit-in protest @Kanglatongbi [May 18]: Gallery
  • Why communities must abandon hostility
  • Apatani's Next Top Model @Arunachal
  • The Fog of Uncertainty :: Poem
  • IEC Campaign at Song Song, Senapati
  • Supports TIM Proposal for Thadou-Naga
  • NE's Largest Psychiatric Hospital
  • Triangular clash underway in Manipur
  • Lamjen @ Thangjing Haraoba #1: Gallery
  • From Sympathy to Supremacy :: Poem
  • History repeats itself
  • Church Teams to visit Kangpokpi & Senapati
  • Workshop on Analytical Chromatography
  • Criminal Neglect, Terror Shielding
  • Summer make-up tricks to beat the heat
  • Pulling the strings to block the highways
  • Manipur Art Festival 2025 #3: Gallery
  • Manipur fermented food & scientific recognition
  • Seminar : Development of NE Region
  • World Hypertension Day 2026
  • Demands NIA Probe into Killing of Thadous
  • Suspected cases of Ranikhet Disease
  • PM's prescriptions & we
  • Flexing muscle on the roads of Imphal
  • Cheiraoba Chak Katpa #2: Gallery
  • Maharaja Garib Niwaz : Manipuri civilisation #3
  • The Dreamer's Dilemma :: Poem
  • Calls for Community Understanding
  • CM visits National Sports University
  • Condemns malicious press release
  • Reconnecting with our cultural roots
  • Condoles Death of Thadou Church Leaders
  • Yumjao Lairembi Haraoba #1 : Gallery
  • Manipur in India Constitutional Transition #2
  • Chronicle of princes & people's long defeat
  • SIR of Electoral Roll-Phase III
  • Program on New Income Tax Act, 2025
  • Book on Information, Reality, Life
  • 'Unfortunate incident at Zero Point'
  • Where is the Government poser
  • Sit-in protest @Kanglatongbi [May 14]: Gallery
  • 3 years on : Manipur's long road to peace
  • Int'l Triathlon Yengkhom Suraj felicitated
  • Ethniciity of Thadou Martyr Church Leaders
  • Colonial Knowledge Production in NE #22
  • Condemns Killing of Thadou Church Leaders
  • Condemns Attack on Thadou Church Leaders
  • Peace will Outlive Violence
  • Indo-Naga Talks (From 2012) :: Timeline
  • Bloody Night
  • Good girls first take care of themselves
  • Candlelight Vigil @ Bangalore #2 : Gallery
  • Maharaja Garib Niwaz : Manipuri civilisation #2
  • The Green Foundation recognised as a SIRO
  • Waithou Rally condemn civilian killing: Gallery
  • Manipur in India Constitutional Transition #1
  • Chahi Taret Khuntakpa
  • HSLC Exam 2026 : Full Result
  • HSLC Exam 2026 : Pass % : Govt Schools
  • HSLC Exam 2026 : Pass % : Aided Schools
  • HSLC Exam 2026 : Pass % : Private Schools
  • HSLC Exam 2026 : Withheld-students
  • HSLC Exam 2026 : Compartmental candidates
  • HSLC Exam 2026 : Statistical Abstract
  • HSLC Exam 2026 : Important Information
  • Cheirao-chingkaba on Cheiraoba #1: Gallery
  • Chandel District Head Quarters : Gallery
  • Indigenous Leaders Call for Global Recognition
  • International Women's Day : Gallery
  • Subika Art Exhibition @Washington : Gallery
  • Candlelight Vigil @ Bangalore #1 : Gallery
  • Vegetables @ Waithou Keithel #2 : Gallery
  • Conflict, Displacement in Manipur (2023-2026)
  • Tronglaobi: 2 children laid to rest : Gallery
  • Leingakta Wahang Khongchat #2 : Gallery
  • Martyrs' Day @ Cheiraoching #2 : Gallery
  • Featured Front Page Photo 2026 #2: Gallery
  • Free Online access to 'Asangba Nongjabi
  • Lhangpat Mei @Keishamthong #1 : Gallery
  • Candlelight vigil: Killing at TM Kasom : Gallery
  • Fractured sovereignty : Proxy war
  • Mama, I love you- Then the world went silent
  • Khongjom Day @ Khebaching : Gallery
  • Tronglaobi: Meira Rally #2 [16 Apr]: Gallery
  • Final Merit List : Manipur Civil Services 2022
  • HSE : Pushpa K, H Keniya, P Taibangnganba
  • Yohen Longjam : HSE 2026 : Science Topper
  • Sarangthem Ayingbi : HSE 2026 : Arts Topper
  • Thoihenba Thongam : HSE 2026: Commerce
  • HSE 2026: Science Full Result
  • HSE 2026: Arts Full Result
  • HSE 2026: Commerce Full Result
  • HSE 2026: Pass % - Govt / Non Govt
  • HSE 2026: Pass % - District Institutes
  • HSE 2026: Subject-wise Pass %
  • HSE 2026: Candidates securing Highest Mark
  • HSE 2026: Science Topper List
  • HSE 2026: Arts Topper List
  • HSE 2026: Commerce Topper List
  • Tronglaobi: Clashes @Lamlong 17 Apr: Gallery
  • The great Manipur betrayal
  • Tronglaobi: Meira Rally #1 [16 Apr]: Gallery
  • MoU between Nouwa Marup Pune & IBI
  • Tronglaobi: Meira Rally [15 Apr]: Gallery
  • Most Heinous Murder: Derailing Normalisation
  • Martyrs' Day @ Cheiraoching #1 : Gallery
  • Tronglaobi : Rally @ Uripok [12 Apr]: Gallery
  • Killing of 2 children @ Tronglaobi : Gallery
  • Yaoshang Thabal Chongba #2: Gallery
  • Of 'Boong', BAFTA, Bharat & Manipur
  • Boong & the Long Road of Regional Cinema
  • Boong: India's 1st BAFTA in children's cinema
  • PUCL Tribunal report: A shadow of partiality #3
  • PUCL Tribunal report: A shadow of partiality #2
  • PUCL Tribunal report: A shadow of partiality #1