First lecture on section 154 , some general topics relating to fir :
"The processual law so dominates in certain systems as to overpowers substantive rights and substantial justice. The humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in Judges to act."
General constituents of an FIR : who did what to whom?
Section 154 of the Criminal Procedure Code, 1973 lays down the procedure for lodging an FIR from the analysis of the section following things can be gathered :
1. Written Form
When the information about the commission of a cognizable offence is given orally, the police must write it down.
2. Read Over
A person giving the information or making a complaint ,can demand that the information recorded by the police to be read over to him/her.
One should sign the report only after verifying that the information recorded by the police is as per the details given by you.
Once the information has been recorded by the police, it must be signed by the person giving the information. It is to to kept in mind that people who are unable to read or write are expected to put their left thumb impression on the document after being satisfied that it is a correct record.
5.Copy of FIR
A person filing a FIR has the right of getting a copy of FIR free of cost.
What is the purpose of FIR ? A brief overview.
Principle object of FIR from point of view of the informant is to set the criminal law in motion and from point of view of investigative authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps to trace and bring to book the guilty. Its valuable piece of evidence for the purpose of corroboration and contradiction the oral evidence adduced at the trial. . Prompt FIR substantially reduces the chances of embellishment and possibility of false implication .
Material omissions in FIR . How to deal with them ?
Material ommissions are important to poke holes in prosecution case but not minor omissions , its a settled law the FIR is not encyclopaedia of offence. it can be used only for contradicting and discrediting the the informant and not other witness. Omission to name the accused is not material in certain circumstances and material in some circumstances.
sometimes delay of 1 day is fatal and other time delay of months also is not fatal . whether the delay is fatal to prosecution case is to be decided on facts and circumstances not on ritualistic formula. Determinitive criteria is whether the delay is explained and accounted for ?