No Preliminary Inquiry Allowed; Only One FIR per Incident Permissible
New Delhi (Special Correspondent-PMI): The Supreme Court has recently clarified that whenever information discloses a cognizable offence, it is mandatory for the police to register a First Information Report (FIR). The Court emphasized that at this stage, there is no scope for a preliminary inquiry.
In the landmark judgment of Lalita Kumari vs. Government of Uttar Pradesh (2014), the Court had already held that registration of an FIR under Section 154 CrPC is compulsory. This principle has been reaffirmed in the latest rulings such as Pradeep Nirankarnath Sharma vs. State of Gujarat (2025) and Amit Kumar vs. Union of India (2025).
The Court further made it clear that only one FIR can be registered for the same incident (T.T. Antony vs. State of Kerala, 2001). It also observed that an FIR need not contain all minute details but merely serves the purpose of setting the criminal law into motion (Nirmal Singh Kahlon vs. State of Punjab, 2009).
The apex court also ruled that a Magistrate is empowered to order further investigation under Section 173(8) CrPC (Vinubhai Malaviya case, 2019). Similarly, a closure report filed by the police cannot be accepted by the Magistrate without giving the complainant an opportunity to be heard (Bhagwant Singh vs. Commissioner of Police, 1985).
Significantly, the Court reiterated that while an FIR is not substantive evidence in itself, it may be used to corroborate or contradict the informant’s testimony (CBI vs. Dawood Ibrahim Kaskar, 1997).
Clarification on BNSS (2023)
With the introduction of the new Bharatiya Nagarik Suraksha Sanhita (BNSS), the courts have clarified that FIRs registered before July 1, 2023, will continue to be governed by the old Code of Criminal Procedure (CrPC) and not by the new law.(pressmediaofindia.com)