cpc

fir

advocate

SIR/MADAM

I want to know the citations if any on origin and genuiness of fir???

if it is proved on the facts that the complainant is not the author of the complaint then the prosecution fails.

regards

manu

 
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advocate / commissioner of oaths

F.I.R Does not bear any evidentary value . Complaint as to the commission of a cognizable offence can be given by any person having acquaintance over the facts and circumstances of the case. I think your proposition is inappropriate.

 
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advocate

in a case mr a claiming to be a complainant addused evidence in the witness box. but at the later stage accused advocate proved that the complaint is written by some third person and mr a is not the author of the complaint. so the complaint is not proved. does prosecution case fail??

 
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Advocate

It is not necessary that the F.I.R. should be written by the informant. A rustic person may get the same written by anybody else.Even an educated person who is not in a position to write can get the complaint/ report written by any other person/ police official.

 
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Advocate

It is also not fatal to prosecution

 
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Advocate

FIR is extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The importance of the above report can hardly be overestimated from the stand point of the accused. See the observation of Justice H.R.Khanna and G.K.Mitter,JJ, in (1972)3 SCr 622.

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

I do agree with Mr. Assumi. Thanx once again for providing a valueable judgement.

 
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