High Court of Karnataka : Police need to be trained to follow SC guidelines on registering FIRs

High Court of Karnataka : Police need to be trained to follow SC guidelines on registering FIRs

Part of: GS Polity and GS-II – Law & order

In news:

• The High Court of Karnataka observed that police officers, including IPS officers, required proper training in the fundamentals of registering First Information Reports in criminal cases as per the guidelines issued in a 2013 Supreme Court verdict in the case of Lalita Kumari vs. Government of Uttar Pradesh.

From Prelims Point of view:

Supreme Court has given Directions to be followed in regards to Registration of an FIR

• Registration of FIR is mandatory under section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
• If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.
• If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.
• The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.
• The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.