What is the effect of delay in filing FIR?
If there is unexplained delay in lodging FIR it can be fatal to the prosecution case. Although delay in filing FIR does not result in quashing the FIR but nevertheless gives rise to suspicion which puts the court on guard to look for the possible motive.
What is the time limit for filing an FIR?
There is no time limit for filing an FIR, but information for cognizable offences should be reported to the law enforcement agencies without any delay.
Does delay in lodging of an FIR has any effect on the criminal case?
Delay explained. The delay was due to the injured being taken to the hospital, first, where doctor was not available. Injured taken to second hospital and FIR lodged afterwards is quite natural. Such a delay does not affect the prosecution case adversely.
What is meant by First Information Report is delay in FIR affecting the matter what is the evidentiary value of FIR?
Evidentiary Value of FIR:- It cannot be used for corroborating or contradicting any other witness apart from the one lodging the FIR . The statement made in the FIR cannot be considered as evidence unless it falls within the purview of Dying Declaration, where it can be used as substantive or primary evidence.
Can a FIR be Cancelled?
FIR can be canceled by the Police/Investigating officer at the first instance after finding during the investigations that there is lack of evidence or case is not proved, and then file a closure report.
What is the difference between complaint and FIR?
Complaint refers to an appeal made to the magistrate, comprising an allegation that a crime has taken place. FIR implies the complaint registered with the police by the plaintiff or any other person having knowledge of the cognizable offence.
What police do after filing FIR?
Once an FIR has been filed the police are legally obligated to start investigating the case. The process of investigation includes, but is not limited to, collecting evidence, questioning witnesses, inspecting the crime scene, recording statements and forensic testing.
Is FIR an evidence?
An FIR is not a substantive piece of evidence. As per section 154 of the Criminal Procedure Code, stating the use of FIR, “a FIR is not a substantial piece of evidence. It can only be used for corroborating or contradicting its maker.
What is difference between FIR and zero FIR?
The only difference between the FIR and the Zero FIR is that FIR is lodged as a complaint by the informant where the incident has occurred in the area in which the police station has the jurisdiction to conduct an investigation whereas a Zero FIR can be lodged in any police station irrespective of the incident …
Can FIR be used as evidence?
What is the difference between FIR and complaint?
When a FIR is lodged, a policer officer starts with investigating the matter. Whereas, when complaint is filed no investigation is done by the police officer until directed by the competent authority.
What is punishment for false FIR?
If such criminal proceeding be instituted on a false charge of a offence which is punishable with death, imprisonment for life or for seven years or more, than the person making such false chargesshall be punished with imprisonment which may extend to seven years and shall also liable for fine.
What happens if there is delay in filing FIR?
In case, there is some delay in filing the FIR, the complainant must give explanation for the same. Undoubtedly, delay in lodging the FIR does not make the complainant’s case improbable when such delay is properly explained. However, deliberate delay in lodging the complaint may prove to be fatal.
Is the delay in filing FIR a ground to discard the case?
The settled principle of law of this Court is that delay in filing FIR by itself cannot be a ground to doubt the prosecution case and discard it. The delay in lodging the FIR would put the Court on its guard to search if any plausible explanation has been offered and if offered whether it is satisfactory.
What happens in case of delay in lodging fir?
Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay, the report not only gets bereft of the advantage of spontaneity, danger creeps in of the introduction of coloured version exaggerated account or concocted story as a result of deliberation and consultation.
Can a delay in lodging a fir lead to acquittal?
The issue whether delay in lodging of FIR (First Information Report)/ Complaint leads to acquittal of the accused or not has been time and again been confronted by the Judiciary with the settled position of law being that inordinate and unexplained delay in lodging FIR or complaint may throttle the case of prosecution.