Analysing the BNSS Framework, Constitutional Safeguards, and Supreme Court Jurisprudence on Mandatory FIR Registration
- Introduction
Recent media reports indicate that the Commissioner of Delhi Police has issued an internal directive requiring that First Information Reports (FIRs) relating to mob lynching — i.e., offences falling under Section 103(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) — may be registered only with the prior approval of the concerned Deputy Commissioner of Police (DCP). The stated justification is administrative consistency and the avoidance of procedural oversight. This directive raises significant legal questions and warrants scrutiny under statutory provisions and binding judicial precedents governing FIR registration.
- Statutory Framework: Mandatory FIR Registration
- BNSS and Procedural Continuity
Although the BNSS has recently replaced the Code of Criminal Procedure (CrPC) in certain jurisdictions including Delhi, the core procedural architecture governing case registration remains intact. Mechanisms such as Zero-FIR and e-FIR have been formally notified for the National Capital Territory.
- BNSS Provisions
Under Section 173 BNSS, the officer-in-charge of a police station is duty-bound to record information relating to the commission of a cognizable offence and register an FIR. No discretion exists at the pre-registration stage. A copy must be furnished free of cost to the informant.
- Meaning of Cognizable Offence
Cognizable offences are those for which police may investigate without judicial approval and typically include serious crimes such as homicide, grievous hurt, and offences involving collective violence — including mob lynching under BNSS Section 103(2).
III. Jurisprudence: The Mandatory Character of FIR Registration
The mandatory nature of FIR registration has been repeatedly affirmed by Indian constitutional courts.
- In Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1 (Constitution Bench), the Supreme Court held that where information discloses the commission of a cognizable offence, FIR registration is compulsory and cannot be subjected to preliminary inquiry or administrative discretion.
- In 2025, the Supreme Court reaffirmed this position, clarifying that at the FIR stage the police must not test credibility or motive; the threshold is limited to prima facie disclosure of a cognizable offence.
- Courts have further held that refusal to register an FIR entitles the complainant to approach higher police authorities under statutory procedure or invoke judicial oversight via the Magistracy.
- Multiple High Courts have censured police attempts to delay registration under pretexts such as jurisdictional uncertainty or hierarchical consultation.
Accordingly, compulsory registration constitutes a foundational element of India’s criminal-procedure framework.
- Conflict Between the Commissioner’s Directive and the Legal Mandate
The directive requiring DCP approval inserts a hierarchical clearance mechanism not contemplated by law. The statutory duty of FIR registration lies with the officer-in-charge of the police station, not senior supervisory officers. Judicial precedent leaves no scope for discretion, delay, or administrative filtration where a cognizable offence is disclosed.
Internal circulars cannot override statutory obligations or dilute constitutionally protected procedural guarantees under Article 21. Any practice that conditions FIR registration upon discretionary administrative approval risks being ultra vires, arbitrary, and constitutionally infirm.
- Practical and Constitutional Implications
The directive has particularly serious consequences in cases of mob lynching, which require prompt action to preserve evidence, secure witnesses, and prevent tampering. Additional approval requirements may:
- Delay investigations and frustrate justice.
- Result in under-reporting due to perceived institutional barriers.
- Enable selective enforcement and discretion in politically sensitive cases.
- Undermine reforms such as Zero-FIR and citizen accessibility incorporated in BNSS.
In operational effect, such a directive risks institutionalising impunity in cases of collective violence.
- Potential Corrective Avenues
The following responses are foreseeable and normatively appropriate:
- Judicial Review: A writ under Articles 226 or 32 may challenge the directive on grounds of illegality, arbitrariness, and violation of fundamental rights.
- Administrative Withdrawal: Police leadership may amend or rescind the directive to align with statutory and judicial obligations.
- Capacity-Building: Training modules should reinforce mandatory FIR registration and relevant jurisprudence.
- Transparency Oversight: Publishing data about FIRs in mob-lynching cases helps ensure the police and government are doing their job and can be questioned if they are not.”
- Legislative Clarification: If genuine governance concerns exist, procedural modifications must emanate from statute — not internal executive order.
VII. Conclusion
The Commissioner’s directive requiring DCP-level approval prior to registering mob-lynching FIRs conflicts with the statutory mandate and binding judicial precedent governing FIR registration. By imposing an extraneous administrative layer, it undermines immediacy, impartiality, and accessibility — core principles underlying the criminal-justice framework.
The legal position remains unequivocal: FIR registration for cognizable offences is mandatory. Any executive directive that obstructs or conditions this duty is legally unsustainable and constitutionally vulnerable to challenge.
Delhi Police Act, 1978 empowers Commissioner for administration, not procedural overrides.
