LALITA KUMARI versus GOVT. OF U.P. AND ORS.

Citation: [2013] 14 S.C.R. 713 · Decided: 12-11-2013 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Reference answered
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Judgment (excerpt)

[2013] 14 S.C.R. 713 
· LALITA KUMARI · 
v. 
GOVT. OF U.P. AND ORS. 
(Writ Petition (Criminal) No. 68 of 2008 etc.) 
NOVEMBER 12, 2013 
[P. SATHASIVAM, CJI., DR. B.S. CHAUHAN, RANJANA 
PRAKASH DESAI, RANJAN GOGOi AND 
S.A. BOBDE, JJ.] 
Code of Criminal Procedure, 1973: 
s. 154 - FIR - Registration of - Whether mandatory -
Or requires the police to conduct preliminary inquiry to test 
the veracity of such information before registering it - Held: 
A 
B 
c 
The condition sine qua non for.registering FIR is that there 
0 
must be information and the information discloses 
commission of cognizable offence - The reasonableness or 
credibility of information is not a condition precedent for the 
registration of FIR - The provision u/s. 154 is mandatory and 
therefore it is mandatory for the police officer to register FIR 
E 
on the basis of information disclosing cognizable offence -
Registration of the FIR is not in contravention of Art. 21 of the 
Constitution - However, there may be instances where 
preliminary inquiry may be necessary before registration of 
FIR e.g. matrimonial disputes, commercial offences, medical 
negligence cases, corruption cases etc. - However, such 
inquiry would be only to ascertain as to whether the 
information reveals any cognizable offence - Constitution of 
India, 1950 - Article 21. 
F 
ss.39 and 154(1) - Mandate u/s. 39 to inform about G 
commission of an offence - Implication of - Held: It would be 
incongruous to suggest that u/s. 39 it is duty of every citizen 
to inform about commission of an offence, but it is not 
713 
H 
714 
SUPREME COURT REPORTS 
[2013] 14 S.C.R. 
A obligatory for the Officer incharge of the Police Station to 
register the report uls. 154. 
s .. 154, 4(2) and 5 - Registration of FIR - Rules in CBI 
Crime Manual, regarding preliminary inquiry - Applicability 
8 
of - To s. 154 - The concept of holding preliminary inquiry 
provided in CBI Crime Manual cannot be imported into the 
scheme of Cr. P. C. - CBI Crime Manual is not a statute, 
enacted by legislature but only a set of administrative orders 
and hence cannot supersede Cr.P.C. - Delhi Special Police 
Establishment Act, 1946. 
c 
Penal Code, 1860- s.166A (as inserted by Criminal Law 
(Amendment) Act, 2013) - Punishment for non-registration of 
FIR for the offences specified in the provision - Implication 
of - Held: The provision under s. 166A does not imply that the 
o registration of FIR is not compulsory for the offences other 
than those specified in s. 166A - Code of Criminal Procedure, 
1973 - s.154. 
Constitution of India, 1950: 
E 
Art.254(1), Seventh Schedule, Concurrent List Entry 2 
and State List Entry 2 - Inconsistency between Laws enacted 
under Concurrent List and State List - Held: In case of 
inconsistency, law enacted under Concurrent List will prevail 
over the law enacted under State List - Hence, provisions of 
F 
Code of Criminal Procedure (enacted under Entry 2 of 
Concurrent List) would prevail over the provisions of Police 
Act and the provisions of Police Act (enacted under State List) 
would be void to the extent of repugnancy- Therefore, in case 
of inconsistency between s. 154 Cr.P. C. and s. 44 of Police 
G Act, s. 154 will prevail and s.44 (or similar provisions) shall be 
void to the extent of repugnancy - Police Act, 1861 - s.44. 
Art.21 - Right to life -
Whether Violated, if FIR is 
registered without holding preliminary inquiry -
Held: 
H Registration of FIR uls. 154 Cr. P. C. is the 'procedure 
LALITA KUMARI v. GOVT. OF U.P. 
715 
established by law' and thus is in conformity with Art.21 -
A 
Hence registration of FIR as per the provisions of law, does 
not violate rights guaranteed under Art. 21. 
Investigation - Initiation of - By Police - Held: Police is 
not liable to launch investigation in evey FIR which is 
B 
mandatorily registered uls. 154 Cr.P. C. - Code of Criminal 
Procedure, 1973 - ss.154 and 157. 
Police - Police records - FIR Books and General Diary! 
Daily Diary/Station Diary - Distinction between - Discussed. 
Interpretation of Statutes - Rule of interpretation - Literal 
rule of interpretation - Application of - For interpretation of s. 
154 Cr.P.C. 
c 
Maxim - 'unius est exclusion alterius' - Applicability of -
0 
For interpretation of s. 154 Cr.P.C .. 
Words and Phrases -
Inquiry -
Meaning of, in the 
context of s. 2(g) of Code of Criminal Procedure, 1973. 
The instant cases were referred to Constitution 
Bench for deciding the question whether a police
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