Supreme Court Clarifies Magistrate’s Power to Direct FIR Registration – No Prior Sanction Needed
On 29 April 2026, the Supreme Court ruled that a Judicial Magistrate does not need prior sanction under Section 196 CrPC or Section 197 CrPC to order registration of a FIR under Section 156(3) CrPC.
Key Developments
- The Court held that the sanction requirement applies only at the stage of taking cognizance, not at the pre‑cognizance stage of FIR registration.
- The judgment arose from a petition by CPI(M) leader Brinda Karat challenging the Delhi High Court’s refusal to order FIRs against BJP leaders for alleged hate speeches linked to the 2020 Delhi riots.
- The bench of Justices Vikram Nath and Sandeep Mehta partially allowed the petition, overturning the High Court’s view on Section 156(3) CrPC.
- The Court reiterated that police duty to register an FIR on disclosure of a cognizable offence is mandatory, as earlier held in the Lalita Kumari case.
Important Facts
- Remedies for non‑registration of FIR include approaching the Superintendent of Police under Section 154(3) CrPC, invoking magistrate jurisdiction under Section 156(3) CrPC, or filing a complaint under