Weighing your request
Weighing your request
Quick Answer
The five-judge Bench held that Section 154 CrPC (now Section 173 BNSS) is mandatory for cognizable offences. Police cannot conduct preliminary inquiry before FIR registration except in seven categories: (i) matrimonial/family disputes; (ii) commercial offences; (iii) medical negligence; (iv) corruption cases; (v) cases with extraordinary delay (over three months) in reporting; (vi) cases involving public officials acting in good faith; (vii) cases where the legal nature of the offence is unclear. Even in these categories, preliminary inquiry must be completed within 7 days (extendable to 15 days), and FIR must be registered if a cognizable offence is disclosed.
Statutory reference
(2014) 2 SCC 1
Related practice areas
Supreme Court Constitution Bench ruling in Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, holding that FIR registration is mandatory for cognizable offences. Preliminary inquiry permitted only in seven specified categories.
Lalita Kumari Mandate is governed by (2014) 2 SCC 1. The five-judge Bench held that Section 154 CrPC (now Section 173 BNSS) is mandatory for cognizable offences. Police cannot conduct preliminary inquiry before FIR registration except in seven categories: (i) matrimonial/family disputes; (ii) commercial offences; (iii) medical negligence; (iv) corruption cases; (v) cases with extraordinary delay (over three months) in reporting; (vi) cases involving public officials acting in good faith; (vii) cases where the legal nature of the offence is unclear. Even in these categories, preliminary inquiry must be completed within 7 days (extendable to 15 days), and FIR must be registered if a cognizable offence is disclosed.
Lalita Kumari Mandate falls under Criminal Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.