First information report. What do you understand by 'First Information Report'? What is Its Evidentiary Value? (CrPC, 1973, India) 2019-01-12
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FIR : First Information Report
It is admissible in evidence against the maker or informant. Section 154 Its evidentiary value: Although first information recorded by the police is of considerable value at the trial showing as it does on what materials the investigation commenced, it is not a piece of substantive evidence, but may only be considered for the purpose of corroboration under Section 157 of the Indian Evidence Act, if all the provisions thereof are complied with. Such a complaint can be later intensified into a First Information Report by the police after seeking necessary permissions from the local magistrate. But, in substance, the first information is that information which is given to the police first in point of time. Telephone number, if any, of the complainant should also be mentioned.
However, if the police did not agree with the petitioner view the petitioner was entitled to file a complaint against the other party. This is mainly in cases where dead body is not available, but the circumstances indicate that cognizable offence has occurred. Steps taken regarding investigation explanation of delay in regarding information. R The recording officer should try to fix clearly the identity of accused, the P. The Supreme Court, in Supreme Court Bar Association v. Complainant should not be puzzled. At times being grief-stricken because of the calamity it may not immediately occur to them that they should give a report.
First Information Report (FIR); Essential Elements and Evidentiary Value.
The general rule is that any person having knowledge of the commission of an offence can file a complaint, even though the concerned person is not personally interested or affected by the offence, except in cases of offences relating to marriage, defamation and offences mentioned in ss. W - When Time 6. Such preliminary enquiries are relevant before the registration of case and are permissible under law. Though the law itself has not prescribed any time for lodging F. Complaint can be of cognizable or Non-cognizable offence. R The Indian legal system has empowered the High Courts with power to quash criminal proceedings in a case if it is satisfied that such quashing is necessary to meet the ends of justice and to prevent misuse of power, rights, and freedoms provided by law. It can not be ignored altogether and can be used to corroborate the statement of the eyewitnesses.
First Information Report (FIR), section 154, Code o
Information about cognizable offence would have to be recorded and forwarded to the police station having jurisdiction. First information is given with the object of putting the police in motion in order to investigate a crime. This article does not any. Delay by Informant in Lodging an F. If the delay is unreasonable and not satisfactorily explained, it becomes fatal for the prosecution case. Limits to Inherent Powers The powers under section 482 Cr.
In the matter of Tara Singh and others vs. But sometimes, there is a delay in lodging the F. LawOrdo is a business conglomerate, being run by group of family offices operating in the areas of Law, Media, Publishing and Research, and Recruitment. Information to the Magistrate or police officer on phone. Every four pages of the register shall be numbered with the same number and shall be written at the same time by carbon copying process. The gravity and scope of the powers of the High Court prompts one to think of the possible limitations in applying the inherent powers; section 482 Cr.
If there is a delay on the part of police, they must provide substantial grounds for such delay and no vague basis of delay would be sufficient in the eyes of law. Date , I lost my phone at the Place at. Delay in Recording the F. Earlier, it was held in the matter of Dr. Information relating to cognizable crime. It is not absolutely necessary that the names of all eyewitnesses should figure in the F. Approximate value of the new device of this model is Rs.
But the relative importance of a first information report is far greater than any other statement recorded by police during the course of investigation. This might amount to be wrongful on the part of police as in case of a cognizable offence, the police must register the complaint first and then it has power to investigate the case. This amounts to inordinate delay and the first information report is likely to be quashed on the ground of inordinate delay. Where a case relates to two or more offences of which one is cognizable, then the case will be considered to be a cognizable offence, notwithstanding the fact that other offences are non-cognizable. For impeaching the credit of an informer.
FIR: First Information Report and Police Complaint
Anyone who knows about the commission of a cognizable offence, including , can file an F. In this case injuries were inflicted on the deceased and death occurred after six days, deceased remained in the hospital for treatment, matter was not reported to Police by doctors. If, upon analysis of the complaint, the S. Ws do not appear in it and they are examined later on, the presumption is that they were not present at the spot and have been procured later on. Remedy If a person gets to know that an F.
