A STUDY ON THE EVIDENTIARY VALUE OF FIRST INFORMATION REPORT
Soman P Mamkuttathil
Assistant Professor, Govt. Law College, Thrissur, Kerala.
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The statements made to the police are of three categories: 1) A statement which has been recorded as First Information Report. 2) Statement recorded by the police in the course of investigation 3) A statement recorded by the police but not falling under the above (1) and (2) category. None of the above statements can be combined as substantial evidence, that is to say, as evidence of facts there in. Because it is not made during trial, it is not given on oath, nor it is tested by cross examination. Generally FIR has no evidentiary value but in few circumstances it carries evidentiary value, as in the case of dying declaration. FIR cannot be used as substantive piece of evidence. The value of F.I.R must always depend on the facts and circumstances of a given case. First Information Report can only be used to corroborate or to contradict the maker of FIR. It may be utilized by the defence to impeach the credit of the informant under Section 155 of the Code of Criminal Procedure. FIR is the earlier version of the case of prosecution and it must be placed before the judge to weigh the truth or falsity and for corroboration and contradiction of the story of the maker of the information. A First Information Report is not supposed to be a detailed document. FIR is a public document prepared under Section 159 of Cr.PC.
Keywords:
First Information Report; Corroboration; Contradictory; Evidentiary value; Statement; Police.
References
- Mulla, commentary on the Code of Criminal Procedure 1973, Volume 3, Delhi Raw House
- Dr. N,V Paranjape, the Code of Criminal Procedure, Central Law Agency
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- 2003 Cri. L.J 375 (Pat)
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- AIR 1982 SC 1511
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