Can Police File an FIR Without an Enquiry?

The question of whether police can file a First Information Report (FIR) without conducting a preliminary enquiry has its roots deeply enshrined in the Indian legal framework specifically under the Code of Criminal Procedure (CrPC). In this article, we explore the conditions under which police can file an FIR without conducting an inquiry, with a specific focus on cognizable offenses.

Cognizable Offenses and FIR Filing

Under the Indian legal system, an FIR must be registered if the information received discloses a cognizable offense—a category of crime where the police have the authority to make an arrest without a warrant and start an investigation without the direction of a magistrate.

Key Points on Cognizable Offenses

The police are required to file an FIR immediately in the case of a cognizable offense.

The authority to arrest and commence an investigation without a magistrate's order is inherent in the nature of such offenses.

Section 154 of the CrPC is pivotal in defining the procedure for registering an FIR for cognizable offenses.

The use of the word "shall" in Section 154 (2) of the CrPC clearly mandates that the police must register the FIR based on the information provided, without needing to verify the facts at that stage.

Non-Cognizable Offenses and Preliminary Inquiry

For non-cognizable offenses, the situation is different. The police cannot file an FIR without prior approval from a magistrate. In such cases, a preliminary inquiry may be conducted to determine if the offense is indeed non-cognizable. However, if an information of a non-cognizable nature is received, the police have no power to conduct an inquiry and must register the case without it.

Supreme Court Guidelines: The Supreme Court decision in Lalita Kumari vs State of UP, 2013 outlines specific guidelines for the registration of FIRs. This includes the principle that, if information received by a police station house officer discloses the commission of a cognizable offense, the police are bound to register a case without conducting any preliminary inquiry. This directive reinforces the necessity of immediate action in the event of a cognizable offense.

Discretion in Certain Cases

In certain instances, police may choose to conduct a preliminary inquiry even for cognizable offenses if the information appears to be vague or lacks sufficient detail. However, this discretion is not legally required and should be used judiciously.

It is important to note that the ability to file an FIR without an inquiry applies to cognizable offenses. For non-cognizable offenses, or in cases where the information provided is unclear, a preliminary inquiry may be necessary to establish the nature of the offense accurately.

Conclusion

In summary, while police can file an FIR without an inquiry for cognizable offenses, they remain bound to conduct a preliminary inquiry for non-cognizable offenses or if there are doubts about the information provided. The key principles here are rooted in the CrPC and reinforced by constitutional judgments like Lalita Kumari vs State of UP, providing a clear framework for law enforcement in India.