Registration of First Information Report (FIR) and Its Burking: Legal Framework, Causes and Consequences in India

Abstract

The registration of a First Information Report (FIR) constitutes the foundational step in the criminal justice process, as it sets the law in motion upon receipt of information relating to the commission of a cognisable offence. An FIR may be lodged by the victim, the accused, or any other person having knowledge of the offence, upon which the police are legally bound to record the information and initiate investigation. The primary objective of this process is to facilitate an impartial investigation, culminating in the submission of a report before the competent court and enabling the prosecution to proceed against the accused.
Under the prevailing legal framework, the police are mandated to register an FIR forthwith when information discloses the commission of a cognisable offence. The law does not permit the institution of a preliminary enquiry in the absence of FIR registration, except in limited circumstances recognised by judicial precedents and in special cases as provided by BNSS, 2023. Failure to register an FIR or deliberate delay in doing so undermines the administration of criminal justice and may result in denial of legal remedies to victims. In the absence of a duly registered FIR, investigative and prosecutorial mechanisms are rendered ineffective, often leading to impunity for offenders. Despite clear statutory and judicial mandates, instances of non-registration, delayed registration, and manipulation of FIRs such as recording offences under incorrect or diluted provisions remain widespread. Such practices adversely affect victims’ fundamental right to access justice and weaken the rule of law. Most of the available literature either analyze law as formulated by legislature or interpreted by judiciary but fails to acknowledge ground realities and ongoing practices. Jurisprudence behind the FIR is rarely dealt. This study critically examines the legal provisions governing FIR registration, the scope of preliminary enquiry, remedies available in cases of non-registration, and the causes and consequences of burking and misclassification of FIRs. The research seeks to highlight systemic challenges and underscore the need for stricter compliance and accountability within the policing system.The paper adopts doctrinal and analytical research methodology, drawing on primary sources including constitutional provisions, statutory texts, and judicial pronouncements, as well as secondary sources such as Law Commission reports, police commission reports, parliamentary debates, and peer-reviewed scholarly literature to know the legal status of preliminary enquiry before registration of complaint, cases of denial of registration of FIR and the reason behind it. It is found that the number of unregistered cases for 2012 was around 60 lakhs which is equivalent to the number of registered cases. Other key findings include – (a) mandatory FIR registration is the cornerstone for initiating process of justice for victims; (ii) Section 173(3) of the BNSS introduces a provision for discretionary preliminary enquiry that is ambiguous and inconsistent with the Lalita Kumari; and (iii) existing remedies available to aggrieved complainants remain inadequate for the poor and marginalized sections of society. The study further recommends an independent review boards, stricter judicial oversight of the preliminary enquiry process and enhanced police accountability mechanisms.