NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

A PROJECT WORK ON EVIDENCE LAW

TOPIC: EVIDENTIARY VALUE OF FIR

UNDER THE GUIDANCE OF : ASSISTANT PROFF. ANIMESH JENA

B.A.L.L.B

SEMESTER- V

BATCH 2020-25

SUBMITTED BY:

VIVEK TOPPO (115)

 Contents
Table of cases:-............................................................................................................................................2
Table of Statutes:-.......................................................................................................................................2
INTRODUCTION...........................................................................................................................................2
Research methodology:-.............................................................................................................................3
Objectives:-..................................................................................................................................................3
Chapter-I......................................................................................................................................................3
Chapter-II.....................................................................................................................................................8
Conclusion:-...............................................................................................................................................11

Table of cases:-
1. Pandurang Chandrakant Mhatre v. State of Mahrastra
2. State of Haryana V Bhajan Lal
3. Hasib v. State of Bihar
4. state of Orissa v. Makund Harijan & others
5. Uka Ram V. State of Rajasthan
6. Ram Charan V State of Haryana
7. P.V. Radhakrishnan V. State of Karnataka
8. K.R. Reddy v. Public Prosecutor

Table of Statutes:-
THE INDIAN EVIDENCE ACT, 1872

INTRODUCTION
First Information Report (FIR) is a colloquial term for knowledge or information
about any event, particularly one that is connected to crime or issues that are either
restricted by law or prohibited by it. Nowhere in our legislation is the term "FIR"
defined, although Sections 154 and 155 of the Criminal Procedure Code discuss
the taking into account of any information relating to either cognizable or non-
cognizable acts. The goal of a FIR is to bring the law into the action of recognizing
any offence, and once recognized, it is the state's responsibility to provide the
victim with relief and defend society against such offences.
In the case of 1State of Haryana V Bhajan Lal , Court held that in a situation if
there’s an information regarding the commission of cognizable offence & such
information given is already in disclose. And if any such information so given
satisfies the essentials laid down under section 154(1) of Indian evidence act, then
said police is left with no other option except to enter the substance there in the
prescribed form.

Research methodology:-
The project is based on secondary data. The data has been collected from internet
articles, Newspapers, the reports published by law commission of India.

Objectives:-
1.) To understand the basic meaning of FIR----------- related provisions w.r.t
statues highlighted in Indian Criminal Justice System.
2.) To understand the evidentiary value of FIR made to the police &
magistrates and its validity.
3.) A brief overview of some landmark judgments with respect to
evidentiary value of FIR.

Chapter-I

What is First Information Report:-

FIR is the first statement made to the police are if the categories:-

1
AIR 1992 SC 604.
 i.) A statement which has been recorded at first instance and is reported to
the concerned police station its regarded as First Information Report
(herein after referred to as FIR) ;
ii.) Statement which is recorded by the police in the course of investigation;

A statement recorded by the police but doesn’t fall under purview of (i) & (ii),
however is considered to be Fir.

Evidentiary value of Fir:-

There are three such types of statements given to the police:

a) Statements that have been recorded as First Information Reports (hereinafter

referred to as FIR)

b) a statement that was captured by the police during the investigation

c) a police-recorded statement that does not fit into categories (a) or (b) above.

None of the aforementioned claims, or any of the facts set forth therein, can be
regarded as substantive evidence. It is not made during trial; therefore it is not
“examined by cross-examination or given under oath,neither is it put to a cross-
examination test. However, under the terms of the Evidence Act of 1872, if the
individual who made any such statement to the police later shows up in court and
testifies at the time of the trial, his prior statement may be used to support or refute
his testimony.2 In the case of Pandurang Chandrakant Mhatre v. State of
Mahrastra, court observed that 'It is very well established that FIR is not a
substantial piece of evidence and it may be used solely to undermine the credibility
of the testimony recorded by the maker and it cannot be used to dispute or discredit
the testimony of other witnesses,' it was observed.”

2
http://www.legalservicesindia.com/article/936/Evidentiary-Value-of-FIR.html as accessed on 9 october,2022
“When an infraction is first identified or when an investigation is first launched,
the FIR's evidentiary value is far more significant than any other comments made
regarding facts recorded in accordance with Sections 154 or 155 of the CrPC.
However, the FIR can only be regarded as a significant piece of evidence and
cannot be assumed to constitute a substantive piece of evidence, according to
accepted legal principles. The FIR is considered a significant piece of evidence
because it is the initial record of any offense being recognized, and it can be very
significant because it will aid in the start of an inquiry into the offenses.
Furthermore, it was said that The FIR can be considered thereof since it is a piece
of evidence at that point for the purpose of summoning someone who is included
in an FIR but has not yet been charged. It was decided that the existence of those
eyewitnesses was properly discounted when an FIR was filed on the basis of a
written police complaint that failed to disclose the presence of some individuals as
eyewitnesses.”

The FIR is not substantive evidence, as has already been shown, but there is no
disputing its significance in providing early information on the commission of a
crime. Additionally, it can be utilized to disprove the witness under Section 145 of
the Indian evidence act or support the informant under Section 157 of the Indian
Evidence Act, of 1872.

According to section 157 of the evidence Act, It states that “A witness may be
cross-examined regarding prior statements that he made in writing or that were
reduced to writing and were pertinent to the issues at hand without having the
writing shown to him or proven; however, if the writing is intended to contradict
him, his attention must be drawn to those portions of it before the writing can be
proven”.3

For claims falling under category (b) above, these typical rules for making
preceding statements have been significantly modified.

A confession cannot be used against a person accused of any crime if any remark
given to the police amounts to a confession, it should be stated. However, Section
27 of the Evidence Act partially lifts this restriction on proving a confession made
3
Indian Evidence Act1872.
to a police officer. Which provides, “When any fact is deposed to as having been
learned as a result of information obtained from a person who has been charged
with any crime while in the custody of a police officer, so much of that
information, whether it amounts to a confession or not, can be proven to be directly
related to the fact thus learned”.

The FIR is not substantial evidence, but it can be used to support or refute the
informant in accordance with Sections 157 and 145 of the Evidence Act,
respectively, if the informant is called as a witness at the trial. Of course, the FIR
cannot be used to support or refute the testimony of any witness other than the one
who filed the FIR. If the FIR is made before the informant has a chance to
embellish or before their recollection fades, it may have more significance as
corroboration. Therefore, excessive or unreasonable delay in filing the FIR
invariably raises suspicion, which puts the court on the watch to search for the
potential motive and explanation and examine its impact on the credibility of the
prosecution version, if any. The absence of the accuser’s or witnesses' identities in
the FIR is typically a significant event, but if the FIR comes from someone other
than an eyewitness, the omission becomes less significant. Because the accused is
unable to testify for the prosecution and would be extremely unlikely to testify for
the defense under section 315 of the code, the FIR submitted to the police by the
accused himself cannot possibly be utilized for either corroboration or
contradiction. A confession made to a police officer cannot be used against a
“person accused of any crime, as stated in 4Section 25 of the Evidence Act, so even
if the FIR is of a confessional nature, it cannot be used against the accused
informant. However, in light of his behavior, it might start to matter under Section
8 of the Evidence Act. If the accused submits a non-confessional FIR, it may be
used against them as evidence as an admission under section 21 of the Evidence
Act or as a demonstration of their behavior and attitude under section 8 of the
Evidence Act.”

“Generally speaking, a FIR's content can only be used to support or refute the
report's author, but there may be circumstances in which it becomes pertinent and
has additional uses. In determining the credibility of the prosecution case, it is vital
to consider the omission of crucial information that have an impact on the case's
likelihood.”
4
Ibid.
According to a ruling by the Supreme Court on the subject, "the first information
report provides information about the commission of a cognizable crime. The
complaint or any other person with knowledge of the offense's commission may;
file one. “It is meant to activate criminal law. Any information pertaining to the
commission of a cognizable offence must be reduced to writing by the official in
charge of the police station, be signed by the person providing it, and have the
substance entered into a book maintained by that officer in a manner specified by
the State Government.

The first version of the occurrence that the police have is in the FIR. Naturally, the
claims made in the FIR must be given the appropriate weight. An FIR is not
considered to be significant evidence. When assessing whether a case should be
upheld or rejected, the Court must take into account further evidence. An FIR can
be used as a previous statement to support or refute the claims made in it because it
is not a substantive piece of evidence. It was not possible to refute her with a rape
victim's cross-examination testimony that was not included in the FIR.

FIR is not a reference book. It just serves to initiate the law or brings the law into
motion. Although it need not be detailed, it must have the requisite accusations to
qualify as a crime.5 An FIR is not a substantial piece of evidence, according to
section 154 of the Criminal Procedure Code, which addresses the use of FIR. It
may only be used to support or refute the claims of its creator. It cannot be used to
support or refute the testimony of other witnesses. Additionally, "corroboration of
its maker is allowed, but the first information report cannot be utilized as
substantive proof or confirming a statement of a third party." It should not be
assumed that a fact is false because only broad strokes are provided.

“The deceased's immediate family filed an FIR. It was forbidden to cast doubt on
its veracity on the grounds that it was exceedingly implausible for a close relative
to leave the victim in the care of a hospital and then proceed to the police station,
especially given the presence of other relatives at the hospital. Recording the FIR
and delivering the challan to the court happened without any delay. The
investigating officer and the officer conducting the inquest were not questioned on
the matter; hence the absence of the names of the accused in the inquest report was
of no consequence.”
5
https://blog.ipleaders.in/evidentiary-value-of-fir-2/ as accessed on 8 October.
The major causes for why FIR lacks any real significance as substantive
evidence:-

1. As the claims contained in the FIR were not made under oath.
2. Since neither the trial nor the proceedings gave rise to the statements in the
FIR.
3. Because the statements which are recorded as FIR; the court doesn’t call for
its cross-examination.
4. Further, the statements so recorded by the police officers are not admissible
before the court.

The justifications on why FIR is viewed as significant pieces of evidence:-

1. It is used for corroborating the statements given by the person who recorded
the FIR.
2. It is used for cross examining the person who gave the statement as FIR.
3. To revive the informant's memories.
4. For questioning the informer's credibility.
5. To determine the broad facts, such as the accuser’s identification, the
identities of any witnesses, the dates of the offences, etc.

Chapter-II
Under specific circumstances, an FIR may be used as substantial evidence:-

“In the case, Ram Charan V State of Haryana, The Supreme Court held that the
material contained in the FIR may only be utilized to refute and support the
facts offered by the informant or any other witness. The "Procedure for
investigation preliminary inquiry" is discussed in Section 157 of the Evidence
Act. The principles outlined in Sections 145, 154(2), and 157 of the Indian
Evidence Act cannot be used for the purpose of contradicting and checking the
creditworthiness of any other witness other than the person who is the informer
of the offense. The FIR is a type of evidence whose contradictory and
creditworthiness values are only subjected to the person who lodged an FIR or
the informer of the offense. And by challenging and examining the veracity of
the informant, these concepts are typically advantageous to the accused. The
Apex Court of India has also ruled that an FIR can only have one of two
 outcomes, supporting or refuting the informant. As a result, it is noted that
an FIR cannot be viewed in any way as a substantial piece of evidence”

In the case, 6Hasib v. State of Bihar, According to the Supreme Court, it is

extremely evident that the FIR can only be used to support or refute the
informant who filed the FIR, given the principles of Sections 157 and 145 of the
Indian Evidence Act.

In the case, 7The state of Orissa v. Makund Harijan & others, According to the
Orissa High Court, a FIR can only be used to support or refute the FIR's author.
However, under Section 11 of the Evidence Act, omissions of certain crucial
facts that have an impact on the case's probabilities are significant for
determining the credibility of the prosecution's case.

Because the accused cannot testify for the prosecution and would hardly ever
volunteer to testify for the defense under Section 315 of the Code of Criminal
Procedure, it is impossible to use the facts or information from the FIR as
corroboration or contraction if the informant of a specific offense is the accused
himself. It should be highlighted that since Section 25 of the Evidence Act
forbids such conduct, the F.I.R. cannot be utilized against the accused if it is of
a confessional nature. When a police officer's confession cannot be utilized or
proven as evidence against a person accused of a specific crime. However, the
F.I.R. is admissible as evidence under Section 21 of the Evidence Act if the
accused admits to the act. Additionally, the regulations render the F.I.R.
admissible if it includes multiple other details related to the trial or procedure in
addition to the accuser’s confession.

Even though the contents of the F.I.R. can only be used to refute or support the
informant, there may be circumstances in which they become pertinent and the

6
1972) 4 SCC 773.
7
(1983) CrI.LJ. 1870.
 F.I.R. can be used to support the informant's actions in accordance with
Sections 8 and 11 of the Evidence Act.

Statements or details provided by the informant as a declaration of death

in the FIR:-

“The phrase "Dying Declaration" refers to any written or vocal assertion of

material facts made by a person who has passed away, or it refers to a statement
made by a person who has passed away outlining the details of his or her demise.

“A legal maxim " ‘nemo mariturus presumuntur mentri"; that states that "a man
will not meet his maker with a lie in his mouth" gave rise to the idea of a dying
declaration. Although it might seem impracticable, our legislation has incorporated
this idea and operates as a result. In relation to a cause of death, Section 32(1)
deals directly with the idea of a dying declaration, and it is presumed that such
declarations are relevant even if the person who made them was not at the time
they were made.””

In 8Uka Ram V. State of Rajasthan, The Apex Court stated that a statement is a
"dying declaration" in-law "when a person makes a statement in the threat of his
death or as to any circumstances which cause threat or results in his death, ; and
when the cause of his death is in question the statements made by him are
admissible as evidence." ;

In P.V. Radhakrishnan V. State of Karnataka9, the court held that ,the Latin
proverb "nemo morturus procsumitur mentri" (a man will not meet his creator with
a lie in his mouth) indicates the premise on which a dying declaration is allowed in
evidence. According to this paragraph, information provided by a person who later
passed away regarding the reason for his death may be used as evidence.

8
(AIR 1930 Lah. 450.)
9
(Crl) 1018 , 2002.
In 10K.R. Reddy v. Public Prosecutor, The dying declaration is acceptable under
Section 32, and since it wasn't made under oath, where it could have been
subjected to cross-examination to determine its veracity, “the court must conduct a
detailed examination of it before acting on it. Furthermore, a person on the point of
passing away is not likely to speak lies or link a case to the malicious prosecution
of an innocent person, therefore it is thought that the statements of a dying man are
of a highly serious character. If the court is convinced that the dying declaration is
genuine, voluntary, and uninfluenced, then the statements may be enough to
support the conviction even in the absence of additional evidence.”

“The idea is that a dying declaration can be recorded by public servants, or by a

;doctor as well, where the victim is hospitalized and is badly burned or injured and
wants to make a statement, the doctor can also record the same and make a note of
that statement, gives the FIR its evidentiary value in the case of a dying
declaration”. Although it is recommended that the dying declaration be made to the
magistrate directly or in his or her presence, if such a possibility is not apparent,
the dying declaration may nonetheless be recorded by the police officers.

Conclusion:-
“After confirming the clause, it is safe to presume that the FIR is a significant
report and, if properly documented, offers vital evidence. It is now necessary that
such a report be recorded in all circumstances and it is the responsibility of the
police officer to begin the investigation as soon as the information is received. It
can now be considered an important and valuable piece of evidence in any trial,
either for the purpose of correlating evidence or for contradicting witnesses. The
discussion of the FIR's evidentiary value also comes to the conclusion that the
statements made by police officers cannot be used as evidence in a court of law. As
a result, the fact-finding conducted by the police officers falls under the category
of an important piece of evidence but not a substantive piece of evidence.
10
1976 AIR 1994.
Although FIR frequently ends up having the just worth of an essential piece of
evidence, it is occasionally also regarded as substantial evidence. So, it stands to
reason that the FIR is a significant piece of circumstantial evidence.;

REFRENCES:-

 http://www.legalservicesindia.com/article/936/Evidentiary-Value-of-FIR.html as accessed on
9 october,2022.
 https://blog.ipleaders.in/evidentiary-value-of-fir-2/