Evidentiary Value -FIR
Though the first information report is an important and valuable document, it is not a substantive or primary piece of evidence of the facts stated therein. It can be used only for limited purposes, like corroborating or contradicting the maker thereof or to show that the implication of the accused was not an after-thought. Its value depends upon the facts and circumstances of the given case. It can be used for testing the truth of the prosecution story. It cannot be used for the purpose of corroborating or contradicting witnesses other than the informant.
Evidentiary Value – Indian Evidence Act
- Section 157 of the Indian Evidence Act–Former statements of witnesses may be proved to corroborate later testimony as to the same fact. –– In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.
- Section 145 of the Indian Evidence Act :Cross-examination as to previous statements in writing — A witness may be cross examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.
Use of the FIR
The FIR can be put in evidence when the informant is examined, if it is desirable to do so. The FIR is usually put in by the prosecution, and ordinarily, it is the prosecution’s duty to do so.
Delay in filing First Information Report (FIR)
Neither the code of Criminal procedure, 1973, nor the limitation act, 1963 prescribes any period of limitation for filing of the FIR. A mere delay in lodging FIR, therefore, cannot be a ground to throw away the case of prosecution. But long and unexplained delay may create doubt or raise suspicion as to how the incident has happened or accused persons were involved. In such cases there is likelihood of consultations, deliberations and even false implications[State of Himachal Pradesh v. Shree Kant, AIR 2004 SC 4404].
In a case decided by the Supreme Court, there was an attempt to murder a girl by her father and her uncle. The victim and her mother were so shocked that they could not make any intelligent decision, and the FIR was lodged about 30 hours after the incident. Taking the circumstances of the case into account, the court held that such a delay was not fatal to the proceedings [Sher Singh V. State of Punjab (1979) 3 SCC 606].
Conclusion
A FIR is not a primary or substantial piece of evidence, while being a key record in criminal proceedings. It can only be utilised for particular things, including confirming or refuting the informant’s claims or proving that the accused’s implied meaning was not an afterthought. Depending on the specifics of each instance, a FIR’s value changes. The Indian Evidence Act provides for the use of prior remarks to support testimony in Section 157 and allows for the cross-examination of witnesses over prior written statements in Section 145. The prosecution is normally in charge of presenting the FIR in court. An FIR can be filed at any time, but any unexplained delays should be taken seriously. To decide the FIR’s significance as evidence, it is critical to evaluate each instance separately.
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Written by Ms. Devyani Thawkar and Team.
Previous Relevant – FIR Requirements, False Information & Statements, FIR
Frequently Asked Questions:
Q1. What role does a FIR have in criminal proceedings as evidence?
A1. Although a First Information Report (FIR) is regarded as a significant document, it is not admissible as primary or substantive evidence in court.
Q2. In a courtroom, is a FIR regarded as primary or substantial evidence?
A2. An FIR cannot be used for any other reason; it is not regarded as a primary or substantial piece of evidence.
Q3. What specific restrictions apply to the use of a FIR in court?
A3. An FIR might be used to support or refute the informant’s claims or to demonstrate that the accused’s implied statement was not made inadvertently. Its worth is determined by the facts and circumstances of the case.
Q4. How does a case’s particular facts and circumstances affect the worth of a FIR?
A4. An FIR’s worth varies depending on the circumstances of the case. It can be utilised to determine whether the prosecution’s account is accurate, but its applicability is restricted to particular features of the case.
Q5. What circumstances allow the use of a FIR to support or refute the informant or accused?
A5. When the informant is questioned in court and if it is desired to do so, a FIR may be used for these purposes. Usually, the prosecution presents it.
Q6. What does the Indian Evidence Act ‘s Section 157 say about using previous witness statements to support testimony?
A6. According to Section 157, a witness’s prior statements on the same fact made at or near the time the fact occurred may be used to support their testimony.
Q7. What does Section 145 of the Indian Evidence Act say regarding a witness being cross-examined about prior written statements?
A7. A witness can, in fact, be cross-examined regarding earlier written declarations that are pertinent to the topic at hand. This is permitted by Section 145 without the need to actually show the witness the writing.
Q8. What is their duty in this regard? Who normally introduces the FIR as evidence in court?
A8. When questioning the informant, it is the prosecution’s responsibility to provide the FIR as evidence.
Q9. Is there a deadline for submitting a FIR, and how does a missed deadline impact a case?
A9. An FIR can be filed at any moment without any set deadline. A simple delay in filing a FIR does not inherently invalidate the prosecution’s case, but prolonged and mysterious delays may cast doubt on the incident or the accused’s involvement.
Q10. Could you give an instance where a delay in filing a FIR had no negative effects on the proceedings and describe the circumstances?
A10. In the case of Sher Singh v. State of Punjab, the victims’ unique circumstances, shock, and incapacity to make quick decisions meant that the delay in filing a FIR (about 30 hours after the incident) was not viewed as fatal to the proceedings.
