Section 154 of the Code of Criminal Procedure

Section 154 of the Code of Criminal Procedure (CrPC) is the legal bedrock that mandates the registration of a First Information Report (FIR) for every cognizable offence reported to the police, transforming an oral complaint into a formal, actionable record that triggers investigation and judicial oversight.

Origins / Historical Background

Enacted as part of the CrPC in 1973, Section 154 codified a long-standing common law principle that police must document allegations of serious crimes—those punishable with imprisonment of three years or more—without delay. The provision was shaped by colonial-era policing practices but gained constitutional weight post-independence, particularly after the Supreme Court’s 1992 ruling in State of Haryana v. Bhajan Lal, which clarified that refusal to register an FIR under Section 154 could amount to dereliction of duty.

Key Provisions

The section stipulates that any information relating to a cognizable offence, given orally or in writing, must be reduced to writing and signed by the informant, with a free copy provided to them. Sub-section (1) empowers any police officer to record the FIR, while sub-section (3) allows a complainant to send the substance of the information in writing to the Superintendent of Police if the local police refuse to act. This safeguard was invoked in the 2020 Arnesh Kumar v. State of Bihar case, where the Court reiterated that FIRs cannot be suppressed even if the offence seems trivial.

Significance

Section 154 serves as the gateway to criminal justice, ensuring accountability by creating a timestamped, verifiable record. Its role was pivotal in the 1992 Mumbai riots cases, where FIRs filed under this section became the foundation for prosecutions and later judicial inquiries. The provision also intersects with constitutional rights, as seen in the 2013 Lalita Kumari v. Government of Uttar Pradesh judgment, which held that registration of FIRs is mandatory for cognizable offences, barring exceptional circumstances. This has since been cited in cases like the NEET-UG protests, where the legality of FIRs and their quashing under Article 142 of the Constitution are scrutinized.