provision under the CPC & CRPC.
pratik
(Querist) 12 August 2010
This query is : Resolved
There is no such provision under the CPC & CRPC to amend a criminal complaint & also a civil complaint. (Complaint defines a FIR in nature). So can any LD members say that which sections says that when a FIR is registrerd under the police station no one can amend or alter the FIR whether it is a civil complaint or criminal complaint in nature. OR any sections says that if the chargesheet if prepared than we can alter or amend the FIR or before it. & when the chargesheet if prepared & why what is the basic points of the chargesheet & how much it is imp in terms of indian evidence act. or who much it is useful to win a case. can a chargesheet can be alter or amend after the chargesheet is presented to the court or before it. Defination of chargesheet & its provisions.
Pls tell me the above mentioned.
Thanks In Adavnce.
n.k.sarin
(Expert) 12 August 2010
Mr.Pratik there is no provision to amend the FIR. Mr.Pratik law only tells what to do,it does not tell what not to do.If you want to change the FIR you must registered a fresh FIR complementry to the first one.Chargesheet can be altered before and after presented to the court.
Advocate. Arunagiri
(Expert) 13 August 2010
The FIR is nothing but a first information given to the police on an offense. The need for altering the FIR does not arise. Normally police will give CSR as a receipt of the complaint. After the preliminary enquiry they will register the FIR. You can give additional information between CSR and FIR. The FIR will reflect the original complaint and additional information. But, once the FIR is registered you can not change.
The charge sheet cannot be altered. Only additional charge sheet can be filed after conducting the further investigation. This info provided in the additional charge sheet may contradict the first charge sheet.
R.Ranganathan
(Expert) 19 August 2010
yes. I agree with Arunagiri. It is common practice with the police to add or change the charge sheet after getting additional informations after investigation. This is allowed since this is not alteration. The courts also allow such things.
