Assistant Professor at Haldia Law College, India
In the Indian criminal justice system, the First Information Report (FIR), which initiates the investigation in accordance with Section 154 of the Code of Criminal Procedure, 1973, has substantial evidentiary significance. Despite not being considered substantive evidence, the FIR is crucial in supporting and refuting witness testimonies made during the trial. Its principal purpose is to initiate the criminal law by alerting the police to the occurrence of a crime that is subject to criminal prosecution. The specific facts and circumstances of each case determine the FIR’s evidentiary value. A timely FIR gives the prosecution’s case credibility, whereas a delayed FIR raises questions unless it is adequately explained, according to court rulings. Under Sections 145 and 157 of the Indian Evidence Act, 1872, a FIR may be used to support or refute the maker. Furthermore, if a witness’s court testimony deviates from the initial statement included in the FIR, the FIR may also be used to discredit them. An FIR filed by someone who was not present at the crime scene or who is merely a hearsay source, however, has little admissible evidence. Furthermore, the prosecution’s case is weakened by a FIR that is unclear or obscure. With the help of statutory legislation and court rulings, this article examines the legal rules governing the evidence value of FIRs. It seeks to shed light on how much a FIR affects the adjudication process and the measures taken to avoid abuse or improper influence on the trial.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 926 - 934
DOI: https://doij.org/10.10000/IJLMH.1110514This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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