Indian Supreme Court in a landmark judgement has made it mandatory for police to register the First Information Report (FIR).
New Delhi, Nov 12: In a significant and landmark judgement, Indian Supreme Court Tuesday made it mandatory for police to register the First Information Report (FIR) if a complainant approaches it for the registration of a cognizable offence.
Delivering the verdict, five-judge bench headed by Chief Justice P Sathasivam said the action will be taken against the police officer for his/her failure to register a FIR on the complaint of a cognizable offence.
Cognizable offences are those which attract punishment of three years or more in case of conviction and where an investigating officer can arrest an accused without warrant.
‘Registration of FIR is mandatory’
“We hold registration of FIR is mandatory and no preliminary inquiry is permissible in cognizable offences, said the bench comprising Justices B S Chauhan, Ranjan P Desai, Ranjan Gogoi and S A Bobde.
“The preliminary inquiry can be conducted in other cases to find out whether the offence is cognizable or not and such probe must be completed within seven days,” the bench said.
‘Police officials cant’ avoid registration of FIR’
The bench said police officials cannot avoid to register the FIR and action must be taken against them if no FIR is registered.
It further said there is no ambiguity in the law and the legislative intent is for compulsory registration of FIR in cognizable offences.
The Supreme Court ruling came on a petition filed seeking clarity on the process of police investigations.
The petitioner had sought to know whether FIR should be registered first when a complaint is lodged, or whether investigations should be conducted to prove the case is valid, before the same is done.
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Faiz Ahmad / NationalTurk India News
