NEW DELHI: The Supreme Court on Tuesday said that it is mandatory for police to register FIR if a complainant approaches it for the registration of a cognizable offence.
The five judge Constitution bench headed by Chief Justice P Sathasivam said that action will be taken against the police officer for his failure to register a First Information Report (FIR) on the complaint of a cognizable offence.
The legislative intent is for compulsory registration of FIR in case of cognizable offence, said Chief Justice Sathasivam, speaking for the bench.
The preliminary investigation has to be completed within 7 days and its purpose is only to find out whether it gives information about a serious offence and not to test the veracity of the complaint, the Supreme Court said.
An apex court further said that the preliminary investigation prior to the registration is permissible in cases relating to disputes in matrimony, corruption, financial dealings and certain other categories.
Cognizable offences are those which attract punishment of three years or more in case of conviction and where an investigating officer can arrest an accused without warrant.
(With inputs from IANS)
The five judge Constitution bench headed by Chief Justice P Sathasivam said that action will be taken against the police officer for his failure to register a First Information Report (FIR) on the complaint of a cognizable offence.
The legislative intent is for compulsory registration of FIR in case of cognizable offence, said Chief Justice Sathasivam, speaking for the bench.
The preliminary investigation has to be completed within 7 days and its purpose is only to find out whether it gives information about a serious offence and not to test the veracity of the complaint, the Supreme Court said.
An apex court further said that the preliminary investigation prior to the registration is permissible in cases relating to disputes in matrimony, corruption, financial dealings and certain other categories.
Cognizable offences are those which attract punishment of three years or more in case of conviction and where an investigating officer can arrest an accused without warrant.
(With inputs from IANS)
Regards
Prarthana Jalan
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