Lalita Kumari v. Government of U.P. (2013): Registration of FIR Is Mandatory

Facts

Bhola Kamat's minor daughter, Lalita Kumari, went missing. When he approached the police, they didn't register his complaint or act on it. He filed a writ petition. Because earlier Supreme Court decisions conflicted on whether police could hold a preliminary inquiry before registering an FIR, the question was referred to a Constitution Bench.

Issue

Is a police officer bound to register an FIR under Section 154 CrPC when information discloses a cognizable offence, or may the officer first conduct a preliminary inquiry to test its truth?

Held

1. Registration of an FIR is mandatory under Section 154 if the information discloses a cognizable offence. No preliminary inquiry is allowed in that situation.
2. If the information doesn't clearly disclose a cognizable offence, a preliminary inquiry may be conducted only to find out whether it does, not to verify whether the information is true.
3. Preliminary inquiries may be appropriate in categories such as matrimonial or family disputes, commercial offences, medical negligence, corruption, and cases with abnormal delay in reporting.
4. A preliminary inquiry should be completed within 7 days. If it ends in closure, a copy of the closing entry must be given to the informant within a week, with brief reasons.
5. Action must be taken against officers who don't register an FIR when they are required to.

Position under the BNSS (2024)

Section 173 of the BNSS keeps the duty to register, but adds a statutory preliminary enquiry for offences punishable with 3 to 7 years' imprisonment. It must be completed within 14 days, with permission from an officer not below the rank of Deputy SP. Lalita Kumari's core principle still governs everything else. See How to File an FIR.

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