Fir lost ! repercussion on accused / prosecution?

If a prosecution document, such as FIR, is lost, it will generally benefit the accused since the burden lies on the prosecution to prove the case.

However, the mere fact that the FIR is missing from the court records does not mean that it cannot be produced from other sources, such as the police station. The original FIR is a “primary evidence”, which if not available, its copy which is a “secondary evidence” of the same document, can be produced by following the procedure laid down in the Evidence Act. It will, of course, be possible for the accused to question the genuineness of such copy.

Moreover, if the FIR has been prepared in the police station in 2-3 copies in the beginning itself by the same uniform process, each such copy may be considered as the “primary evidence” in accordance with the provisions of the Evidence Act.

Please see the relevant provisions of the Evidence Act in this regard.

Thanks U Ashokji

Can the accused object to any such move on any Ground like his fear that the prosecution / state gets an unfair advantage because by this move the prosecution/State gets a chance to substitute a vital document and the foundation of the case and in the absence of the original FIR it is not possible to verify the two documents and there always remains a chance that the prosecution/state may use this as a Ploy to fill any lacunae that might be there in the original FIR!

Can this issue / procedure itself be contested at The HC level and SC level because this is a vital point pertaining to the right of the accused.

Secondary evidence in respect of a document can be adduced only in accordance with the procedure mentioned in Section 65 and Section 66 of the Evidence Act. Please read them carefully. If any of those provisions are not complied with in your case, you can definitely take objection. Moreover, if you feel that the secondary evidence being produced is not genuine (and/or is fabricated or is false), you may definitely object to that, and furthermore, you may also put questions in the cross-examination to prove what you are claiming, etc.

FIR is basically considered to be a corroborative piece of evidence. Primary / substantive evidence in this regard is the statement of the complainant (who gave the FIR / complaint) given in the court in the form of his evidence, as also to some extent the statement of the police officer in court who had recorded the FIR. Depending upon the stakes involved (such as if you feel that a completely forged / distorted FIR is being adduced in the court) and the extent of its impact on the case, it can be taken to the high court and supreme court.