📘 Lalita Kumari v. Government of Uttar Pradesh

(2014) 2 SCC 1 | AIR 2014 SC 187

Bench: Constitution Bench (5 Judges)
Coram: P. Sathasivam CJI, B. S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi, S. A. Bobde JJ.

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1️⃣ Background of the Case

The case arose due to conflicting views of different Supreme Court benches regarding:

👉 Whether registration of FIR under Section 154 CrPC is mandatory when information discloses a cognizable offence
OR
👉 Police can conduct preliminary inquiry before FIR registration

The issue was therefore referred to a Constitution Bench.

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2️⃣ Facts of the Case

The father of a minor girl alleged that:

• The girl was kidnapped.

• Police refused to register FIR despite complaint.

• Instead police conducted an informal inquiry.

Therefore, the matter reached the Supreme Court.

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3️⃣ Core Legal Issue

Whether police can refuse to register FIR when information discloses commission of a cognizable offence.

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4️⃣ Statutory Provision Interpreted

Section 154 CrPC

“Every information relating to commission of a cognizable offence shall be recorded.”

The key question was interpretation of “shall”.

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5️⃣ Supreme Court Holding

The Court held:

Registration of FIR is mandatory if information discloses commission of a cognizable offence.

Police cannot refuse registration.

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6️⃣ Landmark Ratio

Mandatory FIR Rule

“Registration of FIR is mandatory under Section 154 CrPC if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.”

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7️⃣ When Preliminary Inquiry is Allowed

The Court carved out limited exceptions.

Preliminary inquiry may be conducted in the following categories:

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8️⃣ Time Limit for Preliminary Inquiry

The Court directed:

• Preliminary inquiry must be completed within 7 days

• Reasons must be recorded.

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9️⃣ Police Accountability

The Court held:

If police fail to register FIR:

• Departmental action possible

• Legal consequences may follow.

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🔟 Important Guidelines Issued by Supreme Court

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1️⃣1️⃣ Practical Judicial Test

Magistrates must ask:

1. Does complaint disclose cognizable offence?

2. If yes → FIR must be registered.

3. Police cannot verify truth before registration.

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1️⃣2️⃣ Important Observations of Court

The Court emphasised:

“Registration of FIR is the first step in criminal justice process.”

And also stated:

“Truth or falsity of allegations is not a condition precedent for FIR registration.”

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1️⃣3️⃣ Impact on Criminal Justice System

The judgment:

✔ Prevented police from suppressing complaints
✔ Strengthened victims’ rights
✔ Ensured transparency in investigation

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1️⃣4️⃣ Relationship with Section 156(3) CrPC

If police refuse FIR:

The complainant can approach Magistrate under Section 156(3) CrPC.

Magistrate may order registration of FIR.

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1️⃣5️⃣ Important Case Laws Relied Upon

The judgment discussed earlier rulings including:

• State of Haryana v. Bhajan Lal

• Ramesh Kumari v. State (NCT of Delhi)

• Aleque Padamsee v. Union of India

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1️⃣6️⃣ Judicial Ratio (Ready Paragraph for Orders)

You can use this paragraph in orders:

“The Hon’ble Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1 has held that registration of FIR under Section 154 CrPC is mandatory where information discloses commission of a cognizable offence. Preliminary inquiry is permissible only in exceptional categories such as matrimonial disputes, commercial offences, medical negligence, corruption cases and cases involving abnormal delay.”

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1️⃣7️⃣ Examination / Viva Ready One-Line Ratio

👉 FIR registration is mandatory when cognizable offence is disclosed.

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1️⃣8️⃣ When FIR Can Be Refused

Police can refuse only when:

• Information does not disclose cognizable offence

Then it becomes Non-Cognizable Complaint (NC).

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1️⃣9️⃣ Practical Problems After the Judgment

Courts later observed:

• Police often misuse preliminary inquiry exception

• Delay in FIR still occurs

Therefore judicial monitoring became necessary.

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2️⃣0️⃣ Relevance After New Criminal Laws (2023)

Under the new law:

• Bharatiya Nagarik Suraksha Sanhita
  retains similar principles regarding mandatory registration of FIR.

Thus Lalita Kumari remains binding precedent.

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📊 Lalita Kumari Rule Chart