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: The condition sine qua non for registering FIR is that there 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 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.

ss.39 and 154(1) - Mandate u/s. 39 to inform about 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  obligatory for the Officer in-charge of the Police Station to register the report u/s. 154.

s.154, 4(2) and 5 - Registration of FIR - Rules in CBI Crime Manual, regarding preliminary inquiry - Applicability 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.

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 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:

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 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 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: Registration of FIR u/s. 154 Cr.P.C. is the 'procedure established by law' and thus is in conformity with Art.21 - 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 every FIR which is mandatorily registered u/s. 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.

Maxim - 'unius est exclusion alterius' - Applicability of - 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 officer is bound to register a First Information Report (FIR) upon receiving information relating to commission of a cognizable offence u/s. 154 Cr.P.C., or the police officer, has the power to conduct a 'preliminary inquiry' in order to test the veracity of such information before registering the same.