Legal Question in Criminal Law in India

if the F.I.R. is dictated by the complainants advocate and the complainant puts his signature on it but admits in trial court that he does not know or understand the language or contents of the F.I.R. and there are various contradictions and omissions in the evidence of the prosecution witnesses from that of the F.I.R. recorded by the police, In that case, is the F.I.R. valid ? maharashtra,INDIA

Asked on 5/14/11, 3:14 am

4 Answers from Attorneys

shiv shakner saini saini law

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yes

Answered on 5/14/11, 3:39 am

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Sanjay Kalra Sanjay Kalra & Associates

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There would not be any answer than YES.

Answered on 5/14/11, 3:53 am

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Shrichand Nahar S.V.Nahar, Advocate

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During the trial and in the course of appreciation of evidence, question of validity generally does not survive for want of challenge to FIR before trial or during investigation.

What you should really be concerned now with is the effect of such infirmities in the FIR. A FIR with such infirmity is generally held to be not reliable and can not be considered as corroborative and such FIR is also not helpful in establishing commission of an offence beyond reasonable doubt.

However, mere invalidity (as per your perception) or unreliable FIR itself is not a ground for acquittal. After the trial, a court has to evaluate entire evidence and come to conclusion whether offence is proved beyond reasonable doubt.

Answered on 5/14/11, 4:36 am

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