of the information at this stage. An FIR should be registered immediately
and even before proceeding with a preliminary investigation.
The Court also commented on Section 157 CrPC which says that two
conditions must be satisfied before a police officer starts an investigation:
i)
S/he should have a reason to suspect the commission of a cognizable offence.
The reason to suspect must arise from the allegations made in the first
information given to a police officer and at this stage the question of
adequate proof of facts alleged in the FIR does not arise.
First Information Report is the earliest and first information that is received
about the commission of a cognizable offence. It sets the ball of the criminal
justice process rolling.
Cognizable offences are mentioned in the First Schedule of the Code of
Criminal Procedure, 1973 [CrPC]. Section 2 (c) CrPC defines cognizable
offence as an offence, in which a police officer can arrest a person without
a warrant. In practice, cognizable offences are offences in which a police
officer can register a case and start an investigation without a magistrates
order and carry out an arrest without a magistrates warrant.
ii)
S/he should satisfy her/himself about the credibility of the information.
A police officer has to draw his [her] satisfaction [about the credibility of
information] only on materials which were placed before him[her] at that
stage and only the first information together with the documents, if any,
enclosed.
C. Directions by the Supreme Court
1.
An FIR must be registered as soon as information about a cognizable
offence is received.
2.
Before starting an investigation, police officers should make a rational
inference that a cognizable offence has been committed. The inference
should be made solely on the basis of facts mentioned in the FIR.
Courts will not as a rule interfere in the investigation process except
in the following circumstances when the High Court can cancel the
FIR and other proceedings carried out by the police:
3.
i.
64
Where the allegations in the FIR do not constitute any cognizable
offence or justify an investigation by the police.
Manual on Human Rights for Police Officers