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HARISH PARMAR (Senior manager )     01 March 2024

an ante dated DIR

an ante dated FIR can be challenged and how


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     01 March 2024

The Supreme Court has held that interpolations and “ante-timing” of a First Information Report (FIR) gives benefit of doubt in favour of the accused and will lead to acquittal. 

A Bench of Justices V. Ramasubramanian and Pankaj Mithal observed in a recent judgment that changing the time of commission of a crime to give an impression that it happened earlier than it actually did was fatal to the evidentiary value of an FIR.

“Infirmities such as ante-timing of the FIR loses its evidentiary value… entitles the accused to be given the benefit of doubt… It is worth mentioning that an FIR in a criminal case, and particularly in a murder case, is a vital and a valuable piece of evidence especially for the purpose of appreciating the evidence adduced at the trial. It is for this reason that infirmities, if any, in the FIR cast a doubt on its authenticity,” the court held.

The court laid down the law while acquitting a man and his father sentenced to life imprisonment in a 27-year-old murder case from Mangaluru.

HARISH PARMAR (Senior manager )     02 March 2024

Thank you sir 

T. Kalaiselvan, Advocate (Advocate)     02 March 2024

You are welcome for your appreciations.

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