Lalita Kumari Case: Mandatory FIR Registration Explained

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Introduction

The Indian criminal justice system rests on the foundational principle that ubi jus ibi remedium – where there is a right, there must be a remedy. Yet, for many victims, justice is often delayed at the very first step: the registration of a complaint.

The Supreme Court’s decision in Lalita Kumari v. State of Uttar Pradesh (2013) 14 SCC 1 was a watershed moment, mandating the registration of First Information Reports (FIRs) in cases of cognizable offences and holding police officers accountable for inaction.

With the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023), this principle continues under Section 173 BNSS, ensuring that FIR registration remains a statutory obligation in the new framework.

Case Background

Lalita Kumari approached the Supreme Court after the local police refused to register a complaint regarding her minor daughter’s kidnapping. Instead of lodging an FIR, the police initiated a “preliminary inquiry,” causing delays and endangering the child.

The central question before the Court was:

👉 Is the registration of an FIR under Section 154(1) CrPC mandatory upon receiving information of a cognizable offence, or can police first conduct an inquiry?

Issues Considered

1. Whether police have discretion in registering an FIR.
2. Whether a preliminary inquiry is permissible before FIR registration.
3. Whether mandatory registration could lead to frivolous complaints or harassment.

Supreme Court Judgment

A Constitution Bench delivered a unanimous ruling in 2013, establishing key principles:

1. Mandatory Registration of FIRs
   • Police officers must register an FIR immediately if the information discloses a cognizable offence.
   • The Court emphasized that the term “shall” in Section 154(1) CrPC leaves no room for discretion.
2. Limited Scope for Preliminary Inquiry
   • Preliminary inquiry is permissible only when the information does not clearly disclose a cognizable offence.
   • Such cases may include matrimonial disputes, commercial offences, medical negligence, and corruption cases.
   • Any inquiry must be completed within seven days.
3. Accountability of Police Officers
   • Failure to register an FIR amounts to dereliction of duty.
   • Officers not complying with the mandate may face departmental or judicial action, including contempt proceedings.

BNSS Context

Under the BNSS (Section 173), the principle established in Lalita Kumari remains unchanged: FIR registration is mandatory for cognizable offences. The BNSS reinforces police accountability, providing that any decision not to register an FIR must be recorded with reasons and remains subject to judicial review. This ensures that the rights of victims are protected even under the new statutory framework.

Significance of the Judgment

1. Strengthening Rule of Law: Prevents arbitrariness in police action and upholds Article 14 of the Constitution.
2. Access to Justice: Protects victims’ fundamental rights under Articles 21 and 22 by ensuring immediate initiation of criminal proceedings.
3. Limiting Police Discretion: Stops misuse of authority to shield influential offenders or reduce crime statistics.
4. Victim-Centric Approach: Reinforces that justice must start at the first point of contact with law enforcement.

Challenges

• Implementation Gap: Despite clear guidelines, refusal to register FIRs persists in some regions.
• Frivolous Complaints: Preliminary inquiries may still be misused if not carefully monitored.
• Systemic Delays: Registration alone does not prevent delays in investigation or trial, highlighting the need for continuous oversight.

Conclusion

Lalita Kumari v. State of Uttar Pradesh remains a landmark case, mandating FIR registration and reinforcing the accountability of police officers. With the BNSS codifying these obligations under Section 173, the law continues to protect citizens’ rights at the first stage of criminal proceedings. The ultimate test lies in strict enforcement and public awareness, ensuring that the right to justice is not denied even at the threshold of a police station.

Also Read: Types of Bail Explained: Insights from BNSS and CrPC

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