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Mandatory Registration Of FIR Shall Not Be In Contravention Of Articles 21 Of The Constitution Of India

Lalita Kumari ( 2014) 2 SCC, O1
The provision of section 154(1) Crpc must be read in the light of articles 14, 19 and 21 which provides that no innocent citizens be subject to malicious prosecution and implicated in criminal cases. The Liberty of the citizens would be in jeopardy if police officer proceeds to register an FIR despite not being notified about the commission of a cognizable offences.

The recording of FIR u/s 154 in the book is subsequent to the entry in the General Diary maintained in police station. Therefore information is a document at the earliest in the General Diary ,then if any preliminary inquiry is needed, the police officer conduct the same and then the information is recorded as FIR.

FIR is a pertinent document that helps to settle the criminal Law in motion and obtaining the information about the alleged criminal activities, disclosing a cognizable offences
  • Lalkan Choudhury vs State of Bihar
    2011) 4 SCC 266
  • Sirajuddin vs State of Madras
  • Joginder Kumar vs State of U.P

Significance of FIR
When an information discloses a commission of a cognizable offences, it is mandatory to register an FIR under section 154(1) of the Code

A record in General Diary u/s 44 of the Police Act 1861 is not the fulfillment of requirements of section 154 of the Code. Registration of FIR must be done in FIR book / Register as General Diary contains only substance of each FIR being registered at the police station.

Madhubala vs Suresh Kumar
Section 154 of the Code is not in violation of Articles 21 of the Constitution as no arrest can be made on a mere allegation of a commission of an offence against a person.

Joginder Kumari vs State of UP
It is mandatory to register FIR after the commission of cognizable offences

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