In a recent ruling, the Supreme Court has solidified the precedence of filing a First Information Report (FIR) over recording information in the General Diary maintained by the police. This landmark decision underscores the significance of formalizing allegations of cognizable offenses promptly and properly.
The apex court emphasized that any information disclosing the commission of a cognizable offense must be documented as an FIR, adhering to the prescribed format and procedures. This ruling, rooted in the Lalita Kumari v. Government of Uttar Pradesh & Others case of 2014, clarifies the hierarchical order of recording criminal incidents.
It’s highlighted that while the Police Act of 1861 mandates the maintenance of a General Diary, its purpose is distinct from that of an FIR. The FIR serves as the official initiation of criminal proceedings and warrants immediate attention, ensuring the protection of legal rights and expediting investigations.
However, the Supreme Court’s ruling also acknowledges exceptions where a preliminary inquiry may be warranted before registering an FIR. This exception applies in cases where preliminary assessment is necessary to ascertain the veracity and seriousness of the allegations.
By delineating the procedural hierarchy between FIR and General Diary entries, the Supreme Court aims to streamline the criminal justice system, prioritizing transparency, efficiency, and adherence to legal protocols. This decision reinforces the fundamental principles of due process and fair administration of justice, marking a significant milestone in India’s legal landscape.
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