Evidentiary Value of FIR (First Information Report)

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Evidentiary Value of FIR (First Information Report)-

Tanmoy Mukherji

Advocate

An FIR (First Information Report) is the earliest information given to the police regarding the commission of a cognizable offence. It is recorded under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (formerly Section 154 CrPC).

Is FIR substantive evidence?

No. An FIR is not substantive evidence. It cannot by itself prove the guilt or innocence of an accused. It is only a relevant piece of evidence and is mainly used to corroborate or contradict the maker of the FIR.

Evidentiary Value of FIR-

Corroborative Evidence-

Under Section 157 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) (formerly Section 157, Evidence Act), an FIR can corroborate the testimony of its maker.

Contradictory Evidence-

Under Section 155 of the BSA (formerly Section 145, Evidence Act), the FIR can be used to contradict the informant if the informant gives a different version during trial.

Not Evidence Against the Accused-

An FIR is not proof of the facts stated in it and cannot, by itself, be used to convict the accused.

Shows Promptness-

A prompt FIR increases the credibility of the prosecution because it reduces the possibility of fabrication or false implication.

Delay in Filing FIR-

Mere delay does not automatically make the prosecution case false.

However, unexplained delay may create doubt regarding the truthfulness of the allegations.

Can Be Used for Corroboration of Conduct-

The FIR may explain the conduct of the informant and the sequence of events immediately after the offence.

FIR by the Accused-

If the accused himself lodges the FIR, it may be admissible against him as an admission, subject to the rules governing admissibility.

Important Case Laws-