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Police must register FIR in all cognisable offence: SC
Nov 13, 2013

A five-judge Constitution Bench headed by Chief Justice P Sathasivam held a judgment that it is the duty of the police officer to register FIR for all cognizable offence. Depending on facts of the case, a preliminary inquiry may be allowed in cases of matrimonial disputes, commercial offences, medical negligence, corruption cases. If discretion is allowed to the police in registration of first information reports (FIRs) then it can have serious consequences on the public order situation and can also adversely affect the rights of the victims. 

Reasonableness or credibility of the information is not a condition precedent for the registration of a case. 

The apex court also stated that if the information received by police official does not disclose a cognizable offence then a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not and the scope of inquiry is not to verify the veracity of information but only to ascertain whether the information reveals any cognizable offence. 

The bench further stated that 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 within a week and reasons for closing the complaint must be furnished. 

All information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected. 


 

 


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