Henceforth, the police cannot deny registering an FIR if the complaint discloses a serious offence. In a landmark verdict, the Supreme Court on Tuesday said that the police was duty-bound to register an FIR involving cognisable offences (where police can arrest without warrant) and conduct inquiry within one week into complaints which reported occurrence of a cognisable crime. In effect, it has ended police discretion in serious offences.
The decision by a Constitution Bench of five judges would serve as a deterrent against non-registration of crimes and make police more accountable and disciplined. If any police officer refused to register FIR on a cognisable offence, the court directed action to be taken against such “erring” officers.
The bench weighed the pros and cons of Section 154 of Criminal Procedure Code that required the police to compulsorily register FIR on any information disclosing cognisable offence. An apprehension was raised about false FIRs and victimisation of innocent persons. But the bench found this to be “speculative and unfounded” for the reason that registration of FIR and arrest of accused are two different things.
The bench, headed by CJI P Sathasivam, explained that registration of FIR does not necessarily lead to arrest. On inquiry, the police may discover it to be a false case and file closure report, said the Court, adding, that the remedy of anticipatory bail was available as a further safeguard.
The concern of the bench was to enforce the rule of law. “If a discretion, option or latitude is allowed to the police in the matter of registration of FIRs, it can have serious consequences on the public order situation and can also adversely affect the rights of the victims including violating their fundamental right to equality,” added the bench, also comprising Justices BS Chauhan, Ranjana P Desai, Ranjan Gogoi, and SA Bobde.
The court noted that while burking (non-registration) of crime will dilute rule of law, if the trend continues, people will stop having respect for law and this will lead to definite lawlessness in society. As per NCRB, in year 2012, burking figure was in the range of about 60 lakh.