The Supreme Court of India has issued a landmark ruling reinforcing the mandatory registration of FIRs for cognizable offences, eliminating the scope for preliminary inquiries in such cases.
NEW DELHI: In a significant ruling, the Supreme Court of India has reaffirmed that
“the registration of a First Information Report (FIR) under Section 154 of the Code of Criminal Procedure (CrPC) is mandatory when the information provided reveals the commission of a cognizable offence”
The Court further clarified that in such situations,
“no preliminary inquiry is permissible, emphasizing the obligation of law enforcement authorities to initiate immediate action”
Case Background: Allegations of Caste Discrimination and Student Suicides at IIT Delhi
This ruling came in the wake of a case concerning the tragic suicides of two students, Ayush Ashna and Anil Kumar, at the Indian Institute of Technology (IIT) Delhi. The families of the deceased students approached the Court, alleging caste-based discrimination and harassment at the hands of faculty members and peers, which they claimed led to the students’ deaths.
The petitioners sought the registration of FIRs and an independent investigation under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Despite these allegations, the Delhi Police, after conducting an inquiry under Section 174 of the CrPC, concluded that the deaths were the result of academic pressure and found no evidence of caste-based harassment.
However, the Supreme Court found this conclusion insufficient and directed the police to register an FIR, stating that the procedural requirements under Section 154 CrPC must be adhered to before drawing any conclusions.
Court’s Observations and Ruling
A Bench comprising Justice JB Pardiwala and Justice R Mahadevan underscored the responsibility of educational institutions to ensure the safety and well-being of students. The Court emphasized that in cases of student suicides occurring on campus, it is the institution’s moral and legal duty to report the incident and facilitate a thorough investigation.
The Bench noted:
“The responsibility of maintaining the safety and well-being of students rests heavily on the administration of every educational institution. Therefore, in the event of any unfortunate incident, such as a suicide occurring on campus, it becomes their unequivocal duty to promptly lodge an FIR with the appropriate authorities. Such action is not only a legal obligation but also a moral imperative to ensure transparency, accountability, and the pursuit of justice.”
The Court criticized the police for hastily concluding that academic pressure was the sole cause of the suicides without first following due legal procedure. It reiterated that an FIR should have been registered as per Section 154 CrPC and only after a proper investigation could any conclusion be drawn.
Arguments Presented:
- For the Petitioners: Advocate Mehmood Pracha, representing the families of the deceased students, contended that the students had repeatedly expressed concerns about discrimination. He argued that the police failed in their duty by not registering an FIR despite multiple complaints from the families.
- For the Respondents: Additional Solicitor General (ASG) Brijender Chahar, appearing for the Delhi Police, defended the inquiry conducted under Section 174 CrPC, asserting that there was no prima facie evidence of caste-based discrimination.
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Supreme Court’s Advisory on FIR Registration and Preliminary Inquiries
The Court issued a set of guidelines clarifying the legal mandate regarding FIR registration and preliminary inquiries:
- Mandatory FIR Registration: If information discloses the commission of a cognizable offence, an FIR must be registered without delay, and no preliminary inquiry is allowed.
- Scope of Preliminary Inquiry: If the information does not immediately disclose a cognizable offence but suggests the need for further verification, a preliminary inquiry may be conducted to determine whether an offence has been committed.
- Time-Bound Inquiry: Any preliminary inquiry must be completed within seven days, and a detailed record of the findings must be maintained in the General Diary.
- Accountability of Law Enforcement Officers: Police officers who fail to register an FIR when a cognizable offence is disclosed will be subject to disciplinary action.
- Types of Cases Warranting Preliminary Inquiry: Certain cases may justify a preliminary inquiry before FIR registration, including:
- Matrimonial or family disputes
- Commercial offences
- Medical negligence cases
- Corruption cases
- Cases with unexplained delays in reporting (over three months)
- Transparency in Closure Decisions: If an inquiry concludes that an FIR is not required, a copy of the closure report must be provided to the complainant within one week, detailing the reasons for not proceeding further.
- Meticulous Record-Keeping: All information received about cognizable offences must be meticulously documented in the General Diary, whether it leads to FIR registration or a preliminary inquiry.
Acknowledging the Growing Crisis of Student Suicides
The Supreme Court also took note of the rising trend of student suicides in prestigious educational institutions across the country. The Bench expressed deep concern over the increasing number of cases linked to factors such as:
- Academic pressure
- Caste-based discrimination
- Ragging and bullying
- Sexual harassment
Citing official statistics from the Union Ministry of Education, the Court revealed that between 2018 and 2023, 98 students died by suicide in higher education institutions, including 39 from IITs, 25 from NITs, 25 from central universities, four from IIMs, three from IISERs, and two from IIITs.
Formation of a National Task Force on Student Mental Health
Recognizing the urgency of addressing mental health challenges in academic institutions, the Supreme Court ordered the formation of a National Task Force dedicated to preventing student suicides and improving mental health support systems in higher educational institutions.
The Court directed the Registry to list the matter for further review after four months and requested an interim report from the Task Force on the progress made in addressing these concerns.
The ruling in Amit Kumar & Ors. v. Union of India & Ors. sets a strong precedent by reinforcing the mandatory nature of FIR registration under Section 154 CrPC for cognizable offences. By highlighting the need for institutional, accountability, the judgment also serves as a wake-up call for educational institutions to take proactive steps in addressing student welfare issues.
Furthermore, the formation of the National Task Force is expected to bring systematic reforms to mental health policies in academic settings, ensuring a safer and more supportive environment for students across India.
Case Title: Amit Kumar & Ors. v. Union of India & Ors. (2025 INSC 384)
Legal Representation:
- For the Petitioners: Advocate Mehmood Pracha, AOR R.H.A. Sikander, Advocates Jatin Bhatt, Sanawar, Kshitij Singh, and Nujhat Naseem.
- For the Respondents: ASG Brijender Chahar, AOR Mukesh Kumar Maroria, Advocates Abhijit Pandove, Amit Sharma II, Bani Dikshit, Varun Chugh, and Gaurang Bhushan.
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