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Nov 12, 2013 · A landmark judgment on the right to register FIR under Section 154 of the Code of Criminal Procedure, 1973. The Court held that a police officer has no power to conduct a preliminary inquiry and must register an FIR on information of a cognizable offence.
Apr 16, 2020 · A case summary of Lalita Kumari vs. State of UP & Ors., a landmark judgement by the Supreme Court of India on the registration of FIR and preliminary inquiry. The judgement laid down the guidelines and conditions for police officers to follow in such cases.
- Introduction
- Details of Lalita Kumari v. Govt. of U.P
- Facts of Lalita Kumari v. Govt. of U.P
- Issues
- Laws Involved in Lalita Kumari v. Govt. of U.P
- Arguments/ Contentions of The Parties
- Judgement in Lalita Kumari v. Govt. of U.P
- Ratio Decidendi
- Exceptions
- Analysis of The Judgement in Lalita Kumari v. Govt. of U.P
- GeneratedCaptionsTabForHeroSec
On 13th November 2013, a five Judge bench of the Hon’ble Supreme Court of India passed a landmark judgement which is cited even today amid the Rafale case. The Apex Court in this judgement ruled that a police officer must mandatorily register an FIR under Section 154 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as CrPC)if the in...
The following are some of the important details of the case discussed in this article- 1. Case Name – Lalita Kumari v. Govt. of Uttar Pradesh and others. 2. Case No. – W.P 68/2008 3. Equivalent Citations – AIR 2014 SC 187, (2014) 2 SCC 1 4. Court – Supreme Court of India 5. Bench – Justices P Sathasivam (C.J), B.S. Chauhan, Ranjana Prakash Desai, R...
In the instant case, Ms. Lalita Kumari, a minor, filed a writ petition under Article 32 of the Indian Constitution, with the Supreme Court of India, through her father, Bhola Kamat. In the current...The petition stated that the police did not take any action when the petitioner approached the concerned police station by submitting a written complaint on 11thMay 2008. It further stated that the...Following the admission of the instant petition, a two-judge Supreme Court bench issued notices to the relevant authorities directing them to approach the concerned magistrates for the issuance of...In furtherance of the above directions in the case, upon hearing arguments from both sides, the two-judge bench of the Apex Court referred the case to a larger bench due to the inconsistent rulings...Whether the victim’s or complainant’s entitlement to a speedy investigation of their complaint following allegations, can be compromised by the police’s potential for manipulation as a result of th...Whether the police officer should mandatorily register an FIR under Section 154 of the Code of Criminal Procedure, 1973 relating to a Cognizable offence or the police officer, to check the authenti...Whether obligatory registration of FIR under Section 154 of the Code of Criminal Procedure, 1973 without preliminary inquiry violate the right to life of the accused under Article 21 of the Constit...Code of Criminal Procedure, 1973
1. Section 154 – Provides for the procedure to be followed or steps to be taken by a police officer on receipt of any information disclosing the commission of any cognizable offence. Section 154(1) provides for registration of FIR and the remaining portion of the Section lays down the procedure in which the registration must take place. Section 154(3) provides a remedy if any police officer refuses to register an FIR under sub-section (1). Such a person under this subsection can forward such...
Constitution of India, 1950
A few of the important Constitutional provisions that were dealt with in this case include the following – 1. Article 21 – Guarantees the right to life and personal liberty as a fundamental right to every individual. It states that an individual can be deprived of his/her personal liberty only according to the procedural established by the law and not otherwise 1.1. Article 21 of the Constitution was under discussion since it was contended that the mandatory registration of FIRs under Section...
Indian Penal Code, 1860
1. Section 166-A – It provides for the punishment for disobedience of direction under the law by a public servant. It prescribes a punishment of rigorous imprisonment for a term extending from 6 months to 2 years. Clause (c) of this provision considers the failure to record information disclosing the commission of sexual offences under various provisions of the Indian Penal Code, 1860under Section 154(1) of CrPC as disobedience of direction under law.
Petitioner
1. Petitioner’s counsel argued that Section 154(1) of CrPC requires the filing of a First Information Report (FIR) and does not allow for optional filing because the word “shall”, in the text of the provision, indicates the legislators’ intention. Therefore, he contended that police officers have no discretion other than to file a formal complaint (FIR) after receiving information disclosing the commission of any offence. 2. The Counsel for Petitioner relied upon B. Premanand v. Mohan Koikal...
Respondents
There were various arguments put forth by counsels for different respondents, most of them directed more or less towards a similar opinion. The contentions made by the respondents are as follows.
The Hon’ble Supreme Court held that the registration of FIR is mandatory under Section 154 of CrPC and no preliminary inquiry is permissible if the information received discloses the commission of any cognizable offence. The court ruled that no police officer can abstain from the duty of registering an FIR if the commission of any cognizable offenc...
The Hon’ble Supreme Court while deciding upon the mandate of registration of FIR, looked into the previous procedural codes or legislations and noted that the intent of the legislature has been clear even in the previous codes, that the registration of FIR has to be a compulsory procedure if the commission of any cognizable offence is disclosed in ...
Although the Court ruled that the registration of FIR under Section 154(1) is a mandatory procedure that has to be followed by the police officer upon the receipt of any information disclosing the commission of any cognizable offences, it also noted that there are certain instances where a preliminary enquiry might be necessary. Some of the excepti...
The Hon’ble Apex Court through this judgment signified two main aspects of the mandatory registration of FIR. The first is the maintenance of records and the official assurance that the criminal procedure is initiated. The second aspect is that the Court stressed upon the significance of mandatory registration of FIR in preventing any kind of embel...
A five-judge bench of the Supreme Court ruled in 2013 that a police officer must register an FIR under Section 154 of CrPC if the information received discloses a cognizable offence. The article examines the facts, arguments, judgement and analysis of the case, and its implications for the rights of victims and accused.
Aug 15, 2023 · The case of Lalita Kumari v. State of UP is a landmark judgment by the Supreme Court of India that clarified the duty of the police to register FIRs in cognizable offenses. It also addressed the issue of misuse of power by the police and the right to a fair investigation under Article 21 of the Constitution.
Lalitha Kumari (born 18 May 1967) is an Indian actress who worked in Tamil films. She is the daughter of Tamil actor C. L. Anandan and the younger sister of actress Disco Shanti . Personal life. Lalitha Kumari married actor Prakash Raj in 1994 and the couple has two daughters and a son (who died in 2004 [citation needed] ).
Jan 31, 2024 · The Supreme Court held in 2013 that police must file a FIR if the information reveals a cognizable offense, and cannot decline to file a FIR based on their doubts. The case also laid down guidelines for police officers to record FIRs and investigate the matter, and introduced the concept of zero FIR.
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May 14, 2020 · Critical Analysis of Lalita Kumari vs. Government of Uttar Pradesh & Ors. - LawLex.Org. Critical Analysis of Lalita Kumari vs. Government of Uttar Pradesh & Ors. 1. By Monika Saini on May 14, 2020 Case Summary, Lex Articles, Lex Pedia. This post has been written by Monika Saini, a student of Maharashtra National Law University University. 1.
