Amit Kumar & Ors. vs Union of India & Ors.

Held: The investigations conducted under Sections 154 and 174 of the CrPC respectively are distinct in nature and purpose – Investigation after registration of F.I.R. under Section 154 of the CrPC is an investigation into an offence and the investigation under Section 174 of the CrPC is an inquiry into the apparent cause of death – The phrase ‘investigation’ used in Section 174 CrPC is not to find out who are the offenders but an inquiry into the cause of death. [Paras 24, 27-28]

Section 154 CrPC – Settled law with respect to registration of FIR in light of case laws:

Held: In Thulia Kali v. State of T.N. (1972) 3 SCC 393 this Court held that delay in lodging FIR quite often results in embellishment which is a creature of afterthought and report not only gets bereft of the advantage of spontaneity, but there could be introduction of coloured, exaggerated or concocted version – In State of Haryana v. Bhajan Lal (1992) Supp. 1 SCC 335 it was held that, “It is, therefore, manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station satisfying the requirements of Section 154(1) of the Code, the said police officer has no other option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information.” – The ratio in Bhajan Lal was affirmed by a Constitution Bench in Lalita Kumari v. Government of U.P. (2014) 2 SCC 1 where it was held that there is no reason that there should be any discretion or option left with the police to register or not to register an FIR when information is given about the commission of a cognizable offence when the legislative intent is clear from the section – Timely registration of FIR helps in upholding rule of law, prevent any undue delay in the commencement of criminal investigation, preservation of crucial evidence and protect the rights of victims. [Paras 31-35] Registration of FIR – Law summarized:

Held: The aforesaid advisory makes the following very clear: i.

Registration of an F.I.R. is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

ii.

If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether a cognizable offence is disclosed or not.

iii.

If the inquiry discloses the commission of a cognizable offence, the F.I.R. must be registered – In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week – It must disclose reasons in brief for closing the complaint and not proceeding further.

iv.

The police officer cannot avoid his duty of registering the offence if a cognizable offence is disclosed – Action must be taken against erring officers who do not register an F.I.R. if information received by them discloses a cognizable offence.

v.

The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. vi.

vii.

As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case – The category of cases in which preliminary inquiry may be made are as under:

a.

Matrimonial disputes/ family disputes

b.

Commercial offences

c.

Medical negligence cases

d.

Corruption cases

e.

Cases where there is an abnormal delay in initiating criminal prosecution, for example, over three months delay in reporting the matter without satisfactorily explaining the reasons for delay – The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.

While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days – The fact of such delay and the causes of it must be reflected in the General Diary entry.

viii. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of an F.I.R. or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above. [Para 46]

Whether an FIR ought to have been registered by the Police in the facts of this case:

Held: Offence alleged to have been committed under Section 3(1)(q) of the SC ST Act, 1989 is a cognizable offence under Section 18 of the said Act – Complaint made alleging abatement of suicide also discloses a cognizable offence under IPC – The Police ought to have followed due process of law i.e., filed an FIR, investigated on it and filed a closure report if no case is made out – DCP (South-West District, New Delhi) to register the First Information Report in line with two respective complaints lodged in writing and depute any responsible officer, not below the rank of Assistant Commissioner of Police, to undertake the investigation in accordance with law. [Paras 40-42, 48]

Responsibilities of educational institutions in case of such unfortunate circumstance – Elaborated:

Held: Responsibility of maintaining the safety and well-being of students rests heavily on the administration of every educational institution – In the event of any unfortunate incident, such as a suicide occurring on campus, it becomes their unequivocal duty to promptly lodge an F.I.R. with the appropriate authorities – Such action is not only a legal obligation but also a moral imperative to ensure transparency, accountability,and the pursuit of justice. [Para 47] National Task Force to address mental health concerns of students and prevent the commission of suicides in Higher Educational Institutions – Constitution – Duties and powers. [Paras 69, 70, 71, 72, 75, 78]