When must police register an FIR? This video explains the five-judge Supreme Court decision in Lalita Kumari v. Government of Uttar Pradesh (2013), a landmark case on Section 154 of the Code of Criminal Procedure, 1973.
We cover the facts of the case, the meaning of a cognizable offence, the Court’s reasons for mandatory FIR registration, the distinction between an FIR and a general diary entry, and the limited role of a preliminary inquiry under the judgment.
LEGAL UPDATE: The video discusses the 2013 ruling under the CrPC. The current Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), addresses information about cognizable offences in Section 173. Under Section 173(3), police may conduct a preliminary enquiry for specified offences punishable by three years or more but less than seven years, with prior permission from an officer of at least Deputy Superintendent of Police rank, within fourteen days. Read the current statute alongside the judgment.
TIMESTAMPS
00:00 Must police register an FIR?
00:50 Why the case matters
02:30 Facts of Lalita Kumari’s case
04:03 How the issue reached a Constitution Bench
04:40 The main legal question
05:31 Sections 154, 156 and 157 CrPC
06:21 Arguments from both sides
08:19 The Court’s reading of Section 154
09:31 Why the word “shall” matters
10:39 FIR book versus general diary
11:47 Meaning of “information”
12:33 FIR registration and Article 21
13:38 The Supreme Court’s holding
15:13 When a preliminary inquiry may be held
16:45 Final recap
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