Lalita Kumari v. Government of UP
Mandatory FIR under Section 154 CrPC • Limited preliminary inquiry • Clear timelines and duties.
lalita-kumari-v-government-of-up
This case fixed a simple rule: if the complaint shows a cognizable offence, the police must register an FIR. The law uses the word “shall”. That means no excuses at the registration stage.
A short preliminary inquiry is allowed only in a few special categories. The goal is not to test truthfulness, but only to see if the facts, on their face, point to a cognizable offence.
If the case later proves false, the police can file a closure report. All entries—FIR or not—must be reflected in the General Diary.
- Must a police officer compulsorily register an FIR under Section 154 CrPC on receiving information of a cognizable offence?
- Can the officer first hold a preliminary inquiry to check authenticity before registering the FIR?
- Section 154(1) CrPC is mandatory—the statute says “shall”. No prior test of “reasonable complaint” or “credible information”.
- Preliminary inquiry is exceptional and only to decide whether the offence is cognizable—not to test the truth of the complaint.
- If after inquiry it appears cognizable, FIR must be registered without delay.
- Refusal to register FIR for a cognizable offence can invite disciplinary action.
- All information (FIR or otherwise) should be recorded in the General Diary.
Article 32 Petition A minor, Lalita Kumari, through her father, moved the Supreme Court seeking protection and recovery after alleged kidnapping.
11 May 2008 A written complaint was given to the officer-in-charge, but no action was taken.
SP Approached An FIR was finally registered after approaching the Superintendent of Police.
Follow-up Even after FIR, effective steps for apprehension and recovery were not taken, leading to this ruling on the duty to register FIRs.
Petitioner
- On receiving information of a cognizable offence, police must register FIR—no gatekeeping.
- Delay harms victims and lets evidence fade.
- Failure to act violates statutory duty and fundamental rights.
Respondents
- Some screening is needed to filter false or motivated complaints.
- Allow a short preliminary inquiry before FIR in suitable cases.
- Administrative practicality and misuse concerns were highlighted.
- On receiving information of a cognizable offence, the officer shall register FIR under Section 154 CrPC.
- Credibility of information is not a precondition at registration.
- Preliminary inquiry is permitted only in specific classes (matrimonial/family, commercial, medical negligence, corruption, abnormal delay), and only to see if the offence is cognizable.
- Such inquiry must be time-bound—normally within 7 days.
- Non-compliance can attract action against the officer. All steps must reflect in the General Diary.
Registration first, verification later. Section 154’s “shall” requires immediate FIR for cognizable offences. A short inquiry is allowed only to decide cognizability in limited categories, not to test truth. Diary entries are compulsory.
- Protects victims from police inaction and delays.
- Creates a clear, workable framework for rare inquiries.
- Improves accountability through diary recording and timelines.
- Balances speed with limited safeguards against misuse.
- “Shall” in S.154 → mandatory FIR.
- No pre-check of “credibility” at registration stage.
- Inquiry goal: Is it cognizable? not truth-testing.
- Inquiry window: ~7 days (normally).
- Record everything in the General Diary.
- Refusal can lead to disciplinary action.
- Register FIR when the facts disclose a cognizable offence.
- Inquire only in listed categories, only for cognizability, and wrap up fast.
- Record every step in the General Diary and proceed with investigation.
Issue
Is FIR registration under Section 154 CrPC compulsory, or can police first conduct a preliminary inquiry?
Rule
Section 154(1) uses “shall”—mandatory registration for cognizable offences. Preliminary inquiry only in narrow classes to check cognizability.
Application
Police inaction after complaint led the Court to clarify that refusal to register is unlawful; any limited inquiry is time-bound and purpose-specific.
Conclusion
FIR must be registered where cognizable offence appears; exceptional, 7-day preliminary inquiries are permitted only to decide cognizability; record all steps.
- FIR
- First Information Report—formal record of information about a cognizable offence.
- Cognizable Offence
- An offence for which police may arrest without warrant and start investigation.
- General Diary
- Daily register at a police station recording all important events and information.
- Preliminary Inquiry
- A short check to decide if the facts indicate a cognizable offence; not for testing truth.
State of Haryana v. Bhajan Lal
FIR & investigation limitsGuidelines on when courts may quash criminal proceedings in exceptional cases.
Ramesh Kumari v. State (NCT of Delhi)
Mandatory registrationAffirmed duty to register FIR on receiving information disclosing a cognizable offence.
Lallan Chaudhary v. State of Bihar
Section 154 mandateHeld that the officer in charge has no option but to register the case when cognizable facts are disclosed.
- CASE_TITLE
- Lalita Kumari v. Government of UP
- PRIMARY_KEYWORDS
- mandatory FIR, Section 154 CrPC, cognizable offence
- SECONDARY_KEYWORDS
- preliminary inquiry, General Diary, police duty, FIR timeline
- PUBLISH_DATE
- 2025-11-02
- AUTHOR_NAME
- Gulzar Hashmi
- LOCATION
- India
- SLUG
- lalita-kumari-v-government-of-up
- CITATION
- (2014) 2 SCC 1
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