Q. Write A Short Note On FIR. Discuss The Guidelines Laid Down by The Supreme Court For Mandatory Registration of FIR in Lalita Kumari's Case

Q. Write a short note on FIR.
Discuss the guidelines laid down by the Supreme Court

for mandatory registration of FIR in Lalita Kumari’s case.
Section 154 of CrPC deals with First Information Report (F.I.R), which is the first
information of a cognizable crime to a police officer. A ' first information report' means the
information, by whomsoever given, to the police officer in charge of a police station in
relation to the commission of a cognizable offence and which is first in point of time and on
the strength of which the investigation into offence is commenced.
making of an accurate record of the information given to the police.
According to this section: -
(1) If the information is given orally to the office-in-charge of the police station, it shall be
reduced to writing by the officer himself or under his direction.
(2) If the information is given in writing, or if reduced to writing as aforesaid, the writing
shall be signed by the informant.
(3) The information as taken down in writing shall be read over to the informant.
(4) The substance of the information shall then be entered, by the police officer, in a book to
be kept by such an officer in the form prescribed by the State Government. This book is
called the Station Diary or General Diary.
(5) A copy of the information as recorded above shall be given forthwith free of cost to the
informant.
(6) If the office-in-charge of the police station refuses to record the information any person
aggrieved by such refusal may send, in writing and by post, the substance of such
information to the Superintendent of Police concerned. If the Superintendent is satisfied that
such information discloses the commission of a cognizable offence, he shall either investigate
the case himself or direct an investigation to be made by any police officer subordinate to
him. Such an officer shall have all the powers of an officer-in-charge of the police station in
relation to that offence.
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 subsection (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 subsection (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.
Requirements for an FIR under section 154 of CrPC.-
1. The information must have been given to the officer in-charge of a police station.
2. Such information must relate to commission of an offence
3. It must have been the earliest report to the commission of a crime on the basis of
which investigation would have commenced.
4. It must be in writing or be reduced in writing (if oral) and must be signed by the
informant.
5. The information reduced in writing must be read out to the informant and a copy
thereof should be given to the informant forthwith free of cost.
6. The substance of the information must be entered in a book called station directory or
general directory.
Lalita Kumari Guidelines for mandatory registration of FIR
The Court concluded that:
(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.

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Q. Write a short note on FIR.

Discuss the guidelines laid down by the Supreme Court

making of an accurate record of the information given to the police.

According to this section: -

Information in cognizable cases.

(1) Every information relating to the commission of a cognizable offence, if given orally to

Requirements for an FIR under section 154 of CrPC.-

Lalita Kumari Guidelines for mandatory registration of FIR

The Court concluded that:

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