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Supreme Court Of India

Hon'ble Judge(s): P. Sathasivam, B. S. Chauhan, Ranjana Desai, Ranjan Gogoi, S. A. Bobde , JJJ

(A) Criminal P.C. (2 of 1974) , S.154— Penal Code (45 of 1860) , S.166A— FIR - Recording of - Imperativeness - Not affected by introduction of S. 166A in Penal Code. Section 166A(c) lays down that if a public servant (Police Officer) fails to record any information given to him under Section 154(1) of the Code in relation to cognizable offences punishable under Sections 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376B, 376C, 376D, 376E or Section 509, he shall be punishable with rigorous imprisonment for a term which shall not be less than six months but may extend to two years and shall also be liable to fine. From this it cannot be said that registration of FIR is imperative and police officer has no discretion in the matter in respect of offences specified in the said section but as far as other cognizable offences are concerned, police has discretion to hold a preliminary inquiry if there is doubt about the correctness of the information. Such a presumption cannot be drawn in contravention to the unambigous words employed in S. 154, Criminal P.C. The insertion of Section 166A was in the light of recent unfortunate occurrence of offences against women. The intention of the legislature in putting forth this amendment was to tighten the already existing provisions to provide enhanced safeguards to women. Therefore, the legislature, after noticing the incre....