Evidentiary Value Of FIR

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The present article has been written by Gracy Singh, a 2nd Year student pursuing a BA.LLB (Hons.) from Mody University of Science and Technology, Lakshamangarh, Rajasthan.

Introduction

FIR or First Information Report is the earliest form of information relating to the commission of cognizable offense recorded by the officer-in-charge of the Police Station. The term FIR is not defined anywhere but Section 154 of CrPC talks about information on cognizable offenses, while Section 155 (2) states the information on non-cognizable offenses. The purpose of FIR is to set the criminal law in motion, and to obtain first-hand information about any occurrence to exclude any fallacious story; it is the state’s duty to protect the society and to offer requital to the victim. 

 In, State of Haryana v. Bhajan Lal It was held that if any information disclosing cognizable offense and satisfy the requirement of Section 154(1) comes before the officer in charge then, he has to accept to enter the substance in the prescribed form.

Evidentiary Value Of FIR 

FIR is important evidence but it cannot be considered as a substantive piece of evidence. This is because under FIR –

  1. Statements are not made under oath.
  2. Statements have no cross-examination in court.
  3. Statements are not made during the proceedings and trial.

Yet, the evidentiary value of FIR is important than any other statement in cognizable offenses or during the investigation because –

  1. to corroborate statements made by the informant 
  2. to refresh the informant’s memory 
  3. to cross-examination statements recorded by the informant 
  4. to impeach the creditworthiness of the informant
  5. to ascertain the information related to the commission of an offense.

In, Pandurang Chandrakant Mhatre v. the State of Maharashtra it was held that FIR is not a substantive piece of evidence. It can only be used to impeach the credibility of the testimony recorded by the maker but it cannot be used for contradicting the testimony of other witnesses. 

Exceptions Where FIR Is Accepted As Evidence

FIR can be accepted as substantial evidence –

  1. When the declaration is made by the person who is dead.
  2. When the incident took place in the presence of Station House Officers and the injured person makes the statement to the officer.
  3. When the informant does not remember the facts but is sure about the facts stated in the FIR.

Corroborative Value Of FIR

Although FIR is not a substantive piece of evidence it can have corroborative value under Section 157 of the Indian Evidence Act, 1872 and can be used to contradict the informant under Section 145 of the same Act.

Section 145 of the Indian Evidence Act deals only with the method of contradicting previous statements made by the witness in writing through cross-examination. The statement which has been made by the informant or the witness must be either written or by someone else. 

In the case, Ram Chandra v. the State of Haryana, it was held by the Supreme Court that the information of the FIR can be used only for contradicting and corroborating the facts stated by the informant or by any other witness.

Section 157 of the Indian Evidence Act states that to be corroboration of any form of the previous statement must disclose the same facts or the time. It must be presented before any authority having the legal competence to investigate the particular fact and also proved in the court. 

In the case, Hasib v. the State of Bihar The Supreme Court held that as per Section 157 and 145 of the Indian Evidence Act, FIR can be used only for corroborating and contradicting the informant who lodged the FIR. 

In the case, State of Orissa v. Makund Harijan and Anr., it was held by the Orissa High Court that  FIR can be used to corroborate and contradict the informant but the omissions of certain important facts 

Dying Declaration In FIR

The term Dying Declaration means any written or verbal statement made by the person who is dead or the person who died while explaining the facts of his death. This concept was evolved from a legal maxim, ‘nemo moriturus praesumitur mentri’ which means a man will not meet his maker with a lie in his mouth. Section 32(1) of the Indian Evidence Act, 1872 deals with the concept of dying declaration, and the statements are assumed to be relevant. 

In, K.R Reddy v. Public Prosecutor The court observed the evidentiary value of dying declaration that the dying declaration is permissible under Section 32, and through cross-examination, the truth could be tested as the statement is not made on oath. Before acting upon it, the closest inspection of the statement should be observed by the court. It is also assumed that the statement given by a dying person is of serious nature as the person is not likely to lie when he is on the verge of death. The statement is enough to prove the conviction if the court is satisfied that the dying declaration is true and not influenced. 

A dying declaration can be recorded by a doctor or a public servant if the victim is hospitalized and wants to make a statement. It is recommended to make a dying declaration to a magistrate or in his presence but if this is not possible it can be recorded by the public servants. Even though the dying declaration by police officers is inadmissible in the court but due to circumstances, the court has to consider such declaration.

In, Maniram v. State of Madhya Pradesh The dying declaration was documented by a doctor without authentication of the conscience report of the deceased as well as there was no thumb impression on the declaration. The credibility of the FIR was lost in this case. 

Conclusion

Fir is an important report, it can be provided as valuable evidence duly reported. FIR, under Section 145 of the Indian Evidence Act, 1872 can contradict the witness if the informant is present as a witness during the trial; under Section 157 of the same Act, it can corroborate the informant. In some cases, FIR can be considered as Substantial Evidence but mostly it is just an important piece of evidence. Therefore, it is necessary to lodge an FIR against any crime by the police officers and to initiate the investigation. 

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