What is the evidentiary value of F.I.R
FIR being not substantive piece of evidence it can be used in the following ways : - 9
1. For corroboration purposes. It can not be ignored altogether and can be used to corroborate the statement of the eyewitnesses.
2. For contradicting the evidence of person giving the information.
3. For proving as an admission against the informer.
4. For refreshing informer's memory.
5. For impeaching the credit of an informer.
6. For proving informer's conduct.
7. For establishing identity of accused, witnesses & for fixing spot time as relevant facts u/s 9 Evidence Act. Cases : 1968 M.P. 45.
When does F.I.R become substantive evidence
1 . During declaration when a person deposing about the cause of his death had died(dying declaration).
2. When the injuries are being caused in the presence of SHO in PS and the injured makes a state- ment to the SHO saying that accused was injuring him.
3. When the informer who has written the FIR or read it, fails to recall memory those facts but is, sure that the facts were correctly represented in FIR at the time he wrote it or read it.
What happens to the F.I.R finally?
1. When there is sufficient evidence a CHALLAN is prepared.
2. When there is insufficient evidence, F.I.R is declared as UNTRACE.
3. When FIR is found to be false or is transferred to other Police Station on point of jurisdiction, it is decided as CANCELLED.
4. After registering the FIR the contents of the FIR can not be changed. Only High Court can quash the FIR.
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