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Supreme Court Rules: Police Must Register FIR on Cognizable Offence, Can’t Wait for Victim to Complain

28Oct

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Supreme Court

Supreme Court Rules: Police Must Register FIR on Cognizable Offence, Can’t Wait for Victim to Complain

In a significant ruling on police accountability, the Supreme Court reiterated that under Section 154 of the CrPC, registration of an FIR is mandatory when information discloses a cognizable offence. The Court held that police inaction in such a scenario constitutes a dereliction of duty, and officers cannot avoid this statutory obligation by citing the victim's failure to formally pursue the matter. Facts Of The Case: The case originated from the communal riots in Akola, Maharashtra, on May 13, 2023. The appellant, Mohammad Afzal, a 17-year-old minor, claimed that while returning home, he witnessed four unknown individuals brutally assaulting Vilas Gaikwad in an auto-rickshaw, mistaking him for a Muslim. The assailants then turned on Afzal, damaging his vehicle and attacking him on the ...

Justice Must Be Seen to Be Done: Supreme Court Allows Investigation into CBI Officers’ Conduct

The Supreme Court upheld the High Court's direction to register an FIR, ruling that if a complaint prima facie discloses a cognizable offence, the police are mandatorily obligated to register it under Section 154 CrPC. A preliminary inquiry report cannot oust this statutory duty or the constitutional court's power to direct an investigation, as its findings are not conclusive. The veracity of the allegations must be tested through a proper investigation. Facts Of The Case: The case originated from two separate writ petitions filed before the Delhi High Court by Sheesh Ram Saini and Vijay Aggarwal. They sought directions for the registration of an FIR against two CBI officers, Vinod Kumar Pandey and Neeraj Kumar, alleging serious misconduct. The allegations against the officers included t...

Supreme Court Awards Compensation & Reforms for Disabled Advocate From Torture to Justice

The Supreme Court upheld the rights of prisoners with disabilities under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and Article 21 of the Constitution. It mandated accessible prison infrastructure, reasonable accommodations, and healthcare for disabled inmates, while emphasizing state accountability under UNCRPD obligations. The Court also reinforced compensation for rights violations and directed systemic reforms, including training for prison staff and periodic audits to ensure compliance with disability-inclusive standards. Facts Of The Case: The appellant, L. Muruganantham, a physically challenged advocate suffering from Becker Muscular Dystrophy (80% disability) and autism, was falsely implicated in a criminal case at the behest of his paternal uncle. Based on a fa...