First Information Report and Delay in Registration of a Case: A Study of Judicial Trends
Maharshi Dayanand University Research Journal (Part 2), Vol. 14, pp. 175-186, 2009
29 Pages Posted: 4 Mar 2012
Date Written: March 3, 2012
Prompt lodging of information of commission of cognizable offense at the first available opportunity is supposed to be true version without any addition, embellishment and concoction. The chances of missing links outside influence after thought and additions are removed, where the memory is fresh and information is given without any loss of time. In past their was many hardships in registering a case, as distance of Police Station and Place of occurrence, transport and communication mediums, but some of these factors have been extinguished by the lapse of time. Condonation of Reasonable delay in Lodging FIR- Delay in many cases brings the prosecution case out of the court and court has to look into the matter seriously for the purpose so that justice may be done to the victim person. All reasonable delay in lodging the FIR must be condoned in the interest of Justice and the accused should not be allowed to take defenses of technicalities and delay in Justice delivery system.
Knowledge of Modern Scientific and Technical tools- In India there is high illiteracy rate. People are not aware of the new methods of scientific investigations. Even in many cases decided by the Supreme Court it has been discussed that some victims do not know that prompt registration of the case is necessary and delay will throw out their case out of the court. Literacy rate in developed countries is high and the citizens of these countries use the technology in the manner as they are familiar in using the same. In compare to these countries, in our country citizens of rural area have no knowledge of using these gadgets in a responsible manner.
This is also a hindrance in the issuing of the multipurpose citizenship cards. Only awareness about this will increase accountability in a citizen and in knowing their rights and duties. If the citizens are not aware of the general and basic technology they can not take part in the criminal justice delivery system. For example if a person does not know how to use ATM and their proper use, use of password, criminals and dishonest person will take benefit of the same and withdraw their money. Legal awareness camp regarding the rights and duties of a responsible citizen will help in disseminating the use of multipurpose citizenship cards. Steps should be taken in this regard.
FIR in Special Cases- In matrimonial cases unless it is proved that cognizable offense is occurred or not then the case (FIR) is not to be registered. These types of cases are of serious nature and must deal accordingly and these types of institutions must be ended Like, Woman Protection Cell or any Type of Special cells. Establishment of these institution/ department having quasi-judicial powers are not the solution of any problem and constitutionally invalid.
In many cases some intermediaries like Indian Medical Association (IMA) some times raises objection that before registering a case against a doctor their recommendation is necessary. This is unfair when there is prima facie a cognizable case occurs it is to be written promptly and undue delay will result in to the injustice to the victim. First Information Report as name itself defines information received by the Police officer first in time is F.I.R. Recommendation by these intermediaries (IMA & Women cell) even after six months are not to be treated as F.I.R. (First Information Report).
Keywords: registration of a case, FIR, delay, suggestions
Suggested Citation: Suggested Citation