In the landmark case of Lalita Kumari v. Government of Uttar Pradesh [2013 4 KLT 632], a Constitutional Bench of the Supreme Court of India underscored that the registration of a First Information Report (FIR) is mandatory whenever information discloses the commission of a cognizable offence.
The Mandate of Section 154(1) of the CrPC
Section 154(1) of the Code of Criminal Procedure (CrPC) dictates that every piece of information relating to a cognizable offence, if provided orally to an officer in charge of a police station, must be reduced to writing. Once recorded, it must be read back to the informant and signed by them. The substance of this information is then entered into a prescribed register, commonly known as the FIR Book.
The Court observed that the language of Section 154(1) is unambiguous. The use of the word “shall” must be interpreted in its natural sense, requiring strict adherence. The “Golden Rule” of interpretation—which allows for deviations from literal meaning—only applies where the text is vague or leads to absurdity; here, however, the statutory command is absolute.
“If the information provided satisfies the requirements of Section 154(1), the police officer is left with no choice but to register the case.”
The Court further cautioned that allowing police officers any “latitude” or “discretion” in this matter could lead to a breakdown in public order and severely prejudice the rights of victims.
Procedural Rigor: The FIR Book
To ensure transparency, the Court noted that every FIR must be recorded in the FIR Book with a unique annual number.
This system enables superior officers and competent courts—to whom copies must be sent—to track the progress of every registered case effectively.
Distinct Concepts: Registration vs. Arrest
A critical distinction must be drawn between the registration of an FIR and the arrest of an accused. While the former is mandatory upon the disclosure of a cognizable offence, the latter is not. These are two independent legal processes governed by different parameters and safeguards.
The act of registering an FIR does not lead automatically to an arrest. Even after an FIR is lodged, the accused maintains the right to seek Anticipatory Bail under Section 438 of the CrPC. If the legal conditions are met, the court may grant protection, allowing the individual to avoid custodial arrest.
Accountability and Civic Duty
The law provides a check against the high-handedness of the authorities: if a police officer misuses their power of arrest, they may be prosecuted under Section 166 of the Indian Penal Code (IPC).
Every person Must Inform Commission of Some Offences
Finally, the legal framework emphasizes collective responsibility. Section 39 of the CrPC imposes a statutory duty on every citizen to report the commission of certain serious offences (such as those under Sections 121–126, 302, and 392 of the IPC).
The Court emphasized that the word “shall” in Section 39 carries the same mandatory weight as it does in Section 154(1), reinforcing the principle that both the citizen’s duty to inform and the officer’s duty to record are pillars of the justice system.
