palani appan 10 July 2025

Whether fir is a must before trial u/s 248(1) of bns

It is a case involving a false complaint filed by a complainant before Police knowing it to be false and where police has dropped action on the same. Can the respondent approach the jurisdictional court directly without making a request for filing FIR or police enquiry.

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T. Kalaiselvan, Advocate (Advocate) 10 July 2025

a First Information Report (FIR) is not mandatory before a trial under Section 248 of the Bharatiya Nyaya Sanhita (BNS), which deals with false charges made with the intent to cause injury.

While an FIR initiates a criminal investigation, the trial process can proceed based on other evidence and information, even if an FIR was not initially registered.

However, the absence of an FIR doesn't automatically halt the trial process.

The court can proceed based on other evidence and information presented, including statements, documents, and witness testimonies.