Lalita Kumari v. Government of Uttar Pradesh & Others
Bench: Full Bench — 5 Judges (P. Sathasivam CJ, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi & S.A. Bobde JJ)
Parties
Facts of the Case
Lalita Kumari's minor daughter went missing. Her father went to the police station to report the matter but the police refused to register an FIR, demanding instead further inquiry before doing so. The father filed a writ petition under Article 32. The matter was referred to a Constitution Bench because there was a fundamental conflict in the law: does Section 154 CrPC mandate mandatory FIR registration for cognisable offences, or does police have discretion to conduct a preliminary inquiry before registering an FIR?
Legal Issues Before the Court
- 1Is registration of an FIR under Section 154 CrPC mandatory when information of a cognisable offence is received — or does police have discretion to first conduct a preliminary inquiry?
- 2What are the consequences if police refuse to register an FIR for a cognisable offence?
- 3In what circumstances can police conduct a preliminary inquiry before FIR registration?
The Judgment
The Constitution Bench held that registration of FIR under Section 154 CrPC is mandatory when the information received discloses the commission of a cognisable offence. Police have NO discretion to refuse FIR registration in such cases. However, in cases where the information does not, on its face, clearly disclose a cognisable offence — or in certain specified categories — a preliminary inquiry (not exceeding 7 days) may be conducted before registration. The Court specified five categories where preliminary inquiry may be permitted and directed the home departments of all states to issue appropriate instructions.
Key Principles Laid Down
MANDATORY FIR REGISTRATION FOR COGNISABLE OFFENCES: When information received discloses the commission of a cognisable offence, police MUST register an FIR under Section 154 CrPC (BNSS Section 173). This is a mandatory statutory obligation — there is no discretion to refuse.
PRELIMINARY INQUIRY IN LIMITED CATEGORIES ONLY: A preliminary inquiry (max 7 days) is permissible only in specified categories where it is not immediately clear whether a cognisable offence has been committed: (i) matrimonial/family disputes; (ii) commercial offences; (iii) medical negligence cases; (iv) corruption cases; (v) cases where there are abnormal delay in lodging the complaint. Even in these cases, FIR must be registered if the inquiry discloses a cognisable offence.
REMEDY FOR REFUSAL TO REGISTER FIR: If police refuse to register an FIR, the aggrieved person can: (a) approach the SP/SSP with a complaint, who must direct registration if the information discloses a cognisable offence; (b) file an application before the Magistrate under Section 156(3) CrPC (BNSS Section 175(3)) directing the police to register and investigate; (c) file a complaint directly before the Magistrate under Section 200 CrPC.
ZERO FIR — CAN BE REGISTERED AT ANY STATION: FIR can be registered at any police station, regardless of territorial jurisdiction — it is then transferred to the appropriate station. This prevents the refusal of FIR on jurisdictional grounds.
BNSS SECTION 173 — ZERO FIR CODIFIED: The BNSS 2023 codifies the Zero FIR concept (FIR at any station regardless of jurisdiction) in Section 173(1), giving statutory force to the Lalita Kumari direction.
Impact on Indian Law
Lalita Kumari (2014) is the definitive ruling on mandatory FIR registration — it eliminated the widespread police practice of refusing to register FIRs in criminal matters without conducting preliminary inquiries or requiring the complainant to return multiple times. The judgment is cited in every case where FIR registration has been refused. The Zero FIR concept — which Lalita Kumari endorsed — was subsequently codified in the BNSS 2023. The case must be read with Sakiri Vasu (2008) for the Section 156(3) remedy when police refuse to act.
Frequently Asked Questions
Is FIR registration mandatory in India?
Yes. Lalita Kumari (2014) held that registration of FIR under Section 154 CrPC (Section 173 BNSS) is mandatory when information received discloses the commission of a cognisable offence. Police have no discretion to refuse. A preliminary inquiry is permitted only in five specified categories and must be completed within 7 days.
What is a Zero FIR?
A Zero FIR is an FIR registered at any police station regardless of where the offence was committed — when the complainant approaches a police station outside its territorial jurisdiction. The Zero FIR is then transferred to the appropriate station. Lalita Kumari endorsed this practice; the BNSS 2023 Section 173(1) has now codified it as a statutory right.
What can I do if police refuse to register my FIR?
If police refuse to register an FIR for a cognisable offence: (1) approach the Superintendent of Police (SP/SSP) in writing — they must direct registration if the information discloses a cognisable offence; (2) file an application before the Magistrate under Section 156(3) CrPC (Section 175(3) BNSS) directing the police to register and investigate; (3) file a complaint directly before the Magistrate under Section 200 CrPC (Section 223 BNSS).