What if an accused person lodges an F.I.R himself?
Sometimes it so happens that accused after commission of crime goes to Police Station and lodges an F.I.R, the procedural legal provision as well as the Indian Evidence Act are mentioned as under:-.
1. Sec.162 Criminal Procedure Code. does not hit such F.I.R.
2. Sec.25 Indian Evidence Act, is applicable if the statement is in the nature of confession but is relevant u/s 21 of the Indian Evidence Act..
3. Sec.25 of the Indian Evidence Act "No confession made to a Police Officer shall be proved as against a person accused of any offence may it be before or after investigation."
4. If the information is non-confessional, it is admissible against the accused as an admission U/S 18/21 of the Indian Evidence Act and is relevant.
5. For corroborating the statement of the maker under section 157 of the Indian Evidence Act.
6. For contradiction of the evidence of person giving the information U/S 145 of the Indian Evidence Act.
7. For refreshing informers memory U/S 159 of the Indian Evidence Act.
8. For impeaching the credit o f an informer U/S 155 of the Indian Evidence Act.
9. For proving the informers conduct U/S 8 of the Indian Evidence Act.
10. U/S 32(1) of Indian Evidence Act (Dying declaration)
11. U/S 6 Evidence Act when the injuries are being caused in the presence of SHO in a Police Station.
12. U/S 160 Evidence Act when the informer fails to recall his memory the facts, but he is sure the facts were correctly reported in the FIR at the time he wrote, read it.
13. FIR is a public document prepared U/S 154 Criminal Procedure Code and a certified copy of it can be given in evidence U/S 77 of Indian Evidence Act.
14. The FIR by an accused person cannot be treated as an evidence against any co-accused, as it was lodged by the accused and not by a witness.
But if information is received that injured had been shot and had been removed to Hospital, it is sufficient for registration of case.
As such every case depends upon its own circumstances and the police officer should exercise his own judgement and diligence to test the information if it is clear, definite and based upon tangible facts to disclose commission of cognizable or suspicion of commission of a cognizable offence.
Sometimes it so happens that accused after commission of crime goes to Police Station and lodges an F.I.R, the procedural legal provision as well as the Indian Evidence Act are mentioned as under:-.
1. Sec.162 Criminal Procedure Code. does not hit such F.I.R.
2. Sec.25 Indian Evidence Act, is applicable if the statement is in the nature of confession but is relevant u/s 21 of the Indian Evidence Act..
3. Sec.25 of the Indian Evidence Act "No confession made to a Police Officer shall be proved as against a person accused of any offence may it be before or after investigation."
4. If the information is non-confessional, it is admissible against the accused as an admission U/S 18/21 of the Indian Evidence Act and is relevant.
5. For corroborating the statement of the maker under section 157 of the Indian Evidence Act.
6. For contradiction of the evidence of person giving the information U/S 145 of the Indian Evidence Act.
7. For refreshing informers memory U/S 159 of the Indian Evidence Act.
8. For impeaching the credit o f an informer U/S 155 of the Indian Evidence Act.
9. For proving the informers conduct U/S 8 of the Indian Evidence Act.
10. U/S 32(1) of Indian Evidence Act (Dying declaration)
11. U/S 6 Evidence Act when the injuries are being caused in the presence of SHO in a Police Station.
12. U/S 160 Evidence Act when the informer fails to recall his memory the facts, but he is sure the facts were correctly reported in the FIR at the time he wrote, read it.
13. FIR is a public document prepared U/S 154 Criminal Procedure Code and a certified copy of it can be given in evidence U/S 77 of Indian Evidence Act.
14. The FIR by an accused person cannot be treated as an evidence against any co-accused, as it was lodged by the accused and not by a witness.
But if information is received that injured had been shot and had been removed to Hospital, it is sufficient for registration of case.
As such every case depends upon its own circumstances and the police officer should exercise his own judgement and diligence to test the information if it is clear, definite and based upon tangible facts to disclose commission of cognizable or suspicion of commission of a cognizable offence.
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