Evidentiary Value Of FIR

The Evidentiary Value of FIR plays a crucial role in the Indian criminal justice system. A First Information Report (FIR) is the foundation for initiating an investigation into a cognizable offence and serves as a record of the earliest account of the incident. Its evidentiary significance lies in its ability to corroborate witness statements, establish the sequence of events, and serve as substantive evidence in specific circumstances. However, the credibility of an FIR depends on factors like prompt filing, detailed content, and its alignment with other evidence. This blog explores the evidentiary value of FIRs, their limitations, and landmark judgments that define their role in legal proceedings.

What Is An FIR?

First Information Report (FIR) is a vital document in the criminal justice system in India. The FIR is a written document prepared by the police when they receive information about the commission of a cognizable offence. The FIR serves as a cornerstone for the entire criminal investigation process and its evidentiary value is paramount in ensuring justice and due process. It can be lodged by the victim, a witness, or any person aware of the incident. As per Section 154 of the Code of Criminal Procedure (CrPC), the police are obligated to register the FIR if the offence disclosed is cognizable, meaning the police have the authority to investigate without prior approval from a magistrate.

Purpose Of FIR

The primary objectives of an FIR include:

1. Triggering the Investigation Process: It enables the police to begin an investigation into the alleged offence.
2. Preserving Evidence: It records the earliest version of the incident, which can later be used to verify the consistency of the case.
3. Informing the Magistrate: The FIR serves as a means to keep the magistrate informed about the commencement of the investigation.

What Is The Evidentiary Value Of FIR?

The evidentiary value of an FIR largely depends on its role during the trial and how it is utilized by the prosecution and defense. Below are the key considerations:

1. FIR as a Substantive Piece of Evidence

The FIR can serve as substantive evidence in certain scenarios. For instance, if the FIR is registered by the complainant, who later becomes a witness in the case, the FIR can be used to corroborate the witness's testimony. The consistency between the FIR and the witness's statement during the trial can strengthen the prosecution's case.

2. Admissibility Under Section 154

Although the FIR is essential for initiating an investigation, it is not always admissible as evidence during a trial. An exception exists when the FIR qualifies as a dying declaration under Section 32(1) of the Indian Evidence Act, 1872. For instance, if the FIR contains the statement of a victim who later succumbs to injuries, it can be admitted as a dying declaration.

3. Evidentiary Value In Cognizable And Non-Cognizable Offenses

The evidentiary value of FIR differs in cognizable and non-cognizable offences. In cognizable offences, the police are obligated to register an FIR and conduct an investigation without a magistrate's order. The FIR in such cases holds significant evidentiary value as it marks the commencement of the investigation.

In non-cognizable offenses, the police can only record the information in the General Diary and seek permission from the magistrate to investigate. The evidentiary value of such records is comparatively lower than that of an FIR in cognizable offences.

4. Corroborative Value Of FIR And Use In Cross-Examination

The corroborative value of FIR is instrumental in establishing the sequence of events and the authenticity of the allegations. It can be particularly useful in identifying inconsistencies in the narrative provided by the witnesses. The Supreme Court has often emphasized that the FIR should be filed promptly to avoid fabrication and manipulation of facts.

The FIR can also be used in cross-examination to challenge the credibility of the complainant or witnesses. If there are inconsistencies between the FIR and the witness's testimony, the defence can use these discrepancies to question the reliability of the evidence presented by the prosecution.

5. FIR As A Confession Or Admission

If the FIR is lodged by the accused, it may be treated as an admission under Section 21 of the Indian Evidence Act. However, such admissions must be scrutinized carefully, and guilt cannot be established alone.

6. Delay In Lodging FIR

The timing of filing an FIR is crucial. An unexplained delay in lodging the FIR can weaken its evidentiary value as it raises doubts about the authenticity of the information provided. The timing of filing the FIR is crucial. A prompt FIR is considered more reliable as it reduces the possibility of concocting false stories. Delays in filing the FIR can cast doubt on the veracity of the information provided. The courts have consistently emphasized the importance of lodging the FIR at the earliest opportunity to maintain its integrity as evidence.

Limitations Of FIR As Evidence

These limitations of FIR as evidence are essential to consider while evaluating the FIR as evidence in legal proceedings:

• Not Substantive Evidence: It is primarily used to set the law in motion, rather than to substantiate a charge.
• Limited to Initial Information: Only contains the initial information given to the police, which may be incomplete or biased.
• Not an Exhaustive Account: This may not include all details or facts relevant to the case, leading to gaps in evidence.
• Potential for Fabrication: There’s a possibility that the FIR might be fabricated or exaggerated.
• Delay in Filing: Delays in filing an FIR can raise suspicions about the authenticity of the information provided.

Factors Affecting The Evidentiary Value Of FIR

The credibility and evidentiary weight of an FIR can be influenced by:

1. Promptness of Filing: Delayed FIRs are subject to greater scrutiny.
2. Details Provided: FIRs with precise and consistent details are more reliable.
3. Motive and Bias: FIRs lodged with ulterior motives may be questioned for their authenticity.
4. Independent Corroboration: The information in the FIR must align with other evidence to strengthen its value.

Case Law On ​Evidentiary Value Of Fir

Several landmark judgments have clarified the evidentiary value of FIR in Indian law:

Lalita Kumari vs. State Of Uttar Pradesh (2014)

This landmark case reinforced the mandatory registration of FIRs in cognizable offences. The Court also stressed that delayed FIRs, although not automatically discredited, require proper justification to maintain their evidentiary value.

State Of Uttar Pradesh vs. Krishna Master (2010)

This case underscored that the FIR is primarily meant to set the criminal process in motion and cannot be treated as substantive evidence. The Court held that the content of the FIR should align with the overall case narrative and other evidence to hold credibility during the trial.

Thulia Kali vs. State Of Tamil Nadu (1972)

The Supreme Court observed that an FIR filed promptly after the occurrence of an offence has greater evidentiary value as it reduces the possibility of embellishments or fabrication. The Court emphasized that any delay in lodging the FIR must be adequately explained, failing which its credibility may be questioned.

Conclusion

The Evidentiary Value of FIR is a cornerstone in the criminal justice process, providing the initial account of an offence that sets the stage for investigation and trial. While the FIR is not always admissible as substantive evidence, its corroborative and procedural significance cannot be understated. Prompt filing, detailed information, and consistency with other evidence enhance its reliability in court. Understanding the evidentiary value of FIR helps in appreciating its role in upholding justice and ensuring transparency in legal proceedings. By addressing its limitations and adhering to legal guidelines, the FIR remains a vital tool in the pursuit of justice.

FAQs On Evidentiary Value Of Fir

Here are some FAQs related to the Evidentiary Value of FIR and First Information Report (FIR) in the context of Indian law:

Q1.Is there a time limit to file an FIR?

While there is no statutory time limit to file an FIR, it is advisable to do so promptly. Unexplained delays can cast doubt on the authenticity of the complaint and may affect the investigation and legal proceedings.

Q2.What should I do if the police refuse to file my FIR?

If the police refuse to register an FIR, the complainant can escalate the matter to higher authorities, such as the Superintendent of Police, or approach the Magistrate under Section 156(3) of the Criminal Procedure Code to seek directions for registering the FIR.

Q3.Can the contents of an FIR be used against the informant?

Generally, the contents of an FIR cannot be used against the informant as it is not a confession. However, if the informant becomes a witness, the FIR can be used to corroborate or contradict their testimony during the trial.

Q4.What is the evidentiary value of an FIR?

An FIR is not considered substantive evidence but serves as an important piece of evidence. It can be used to corroborate or contradict the testimony of the informant under Sections 157 and 145 of the Indian Evidence Act, respectively.

Q5.Can an FIR be quashed or cancelled?

Yes, under certain circumstances, the High Court has the authority to quash an FIR if it is found to be frivolous, lacks merit, or if the parties involved have reached a settlement, depending on the nature of the offense.

References

• https://www.drishtijudiciary.com/to-the-point/bharatiya-nagarik-suraksha-sanhita-&-code-of-criminal-procedure/first-information-report-fir
• https://acadpubl.eu/hub/2018-120-5/1/23.pdf
• https://www.scribd.com/document/478424123/
• https://www.legalserviceindia.com/legal/article-4173-the-evidentiary-value-of-first-information-report.html