Necessity of Investigating Registered FIR: The Legal Perspective

When a Fundamental Innocent Report (FIR) is registered, the question arises whether the police are obligated to take some action or can simply close the case without investigation. This article delves into the legal framework and explains the rules governing the investigation of FIRs and the discretion of the police.

Understanding the Role of FIR Registration

Upon receiving an FIR, the police officer evaluates whether a cognizable offense has been committed. Under the Criminal Procedure Code (Cr.P.C.), it is mandatory for the police to take cognizance of a cognizable offense, typically requiring an investigation. However, there are specific circumstances under which the police might not proceed with an investigation.

Rare Exceptions and Court Orders

While the general rule mandates an investigation, there are exceptional scenarios where the police can decline to investigate. Notably, in Muzaffarpur, a court may instruct the registration of an FIR. The police must comply with the court's order. Conversely, if an examination reveals no offense has been committed, the police are legally permitted to return the case, concluding that no further action is required.

Differences Between FIR and NCR Reports

Reports in Criminal Procedure Code (Cr.P.C.) are categorized into FIRs (reports of cognizable offenses) and NCR reports (non-cognizable offenses). For NCR reports, the police authority lacks the power to investigate without a direction from a court of Judicial Magistrate under Section 1552. In contrast, FIR registration necessitates the police to report the matter to the court of Chief Judicial Magistrate (CJM) within 24 hours.

Investigation Requirements Post-FIR Registration

Once an FIR is registered, the police are obligated to investigate if there is sufficient prima facie evidence. However, the police can close the case if there is no prima facie investigation. This directive was enforced by a group of Supreme Court judges, compelling police to investigate every FIR. In recent years, this has changed, and very few cases are closed without investigation at the court level.

The Proviso to Section 1571 of the Criminal Procedure Code

The Proviso to Section 1571 provides that if the police determine there are no sufficient grounds for an investigation on the basis of the FIR, they can choose not to investigate. However, such occurrences are rare and are typically documented in the report to the magistrate. The police are required to inform the informant or complainant of such decisions.

Conclusion

Though the law offers flexibility, in practice, the police almost invariably conduct investigations after an FIR is registered. The decision to either charge the accused or file a closure report hinges on the evidence and circumstances of the case. Understanding these legal provisions ensures proper handling and resolution of FIRs, upholding justice and the rule of law.