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DELAY IN LODGING FIR

CRPC
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ACKNOWLEDGMENT

I have endeavoured to attempt this project. This would not have been possible without the
guidance and support of, I would like to extend my thanks to her. I have collected all the
information and compiled them here to the best of my knowledge.
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TABLE OF CONTENT

1. ABSTRACT
2. INTRODUCTION
3. DELAY IN FIR
3.1 DELAY IN LODGING FIR BY INFORMANT
3.2 DELAY BY POLICE IN RECORDING FIR BY POLICE IN CHARGE
3.3 DELAY BY POLICE IN FORWARDING FIR TO MAGISTRATE
4. SUGGESTIONS
5. PUNISHMENT FOR NON REGISTRATION OF FIR
6. MORE CASES
7. SUGGESTIONS BY MR. ABDUL KALAM
8. E-FIR
9. FIXATION OF TIME FOR FORWARDING REPORT TO MAGISTRATE
10. CONCLUSION
11. BIBLIOGRAPHY
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ABSTRACT

A complaint to the police is the first step in bringing a crime to the attention of the administrators
of justice. Police officers are responsible for documenting complaints, which is technically
known as a First Information Report (FIR). For a fair inquiry, information on the commission of
the offence should be reported as soon as possible. Section 154 of the Criminal Procedure Code
of 1973 (CrPC) addresses the giving of information in relation to a cognizable offence.

The FIR has its own probative value, and if the officer in charge refuses to file it or if registration
is delayed, the accused may be able to tamper with evidence or abscond. Ineffective law and
order are hampered by political or wealthy persons who postpone or cancel the filing of a FIR.

Committing a crime as fast as possible is expected to be the actual version, with no

modifications, embellishments, or concoctions. Missing linkages are less likely in instances
where the memory is fresh and information is supplied without wasting time. Many constraints,
such as the distance between the police station and the location of the crime, transportation and
communication techniques, hampered the registration of a case in the past, but some of these
issues have been eradicated with time. Donation of Reasonable Delay in Filing FIR- Delay
frequently drags the prosecution case out of court, and the court must treat the matter seriously in
order to ensure the victim receives justice. All reasonable delays in filing the FIR must be
tolerated in the interests of justice, and the accused should not be allowed to utilise technicalities
and delays in the justice delivery system as a defence.

SYNOPSIS

OBJECT OF THE STUDY:

● To trace the source of Delay of FIR to its roots.

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● To sophisticatedly explain the causes and factors contributing to Delay in FIR.

● To understand the challenges regarding Delay in FIR.

LITERATURE REVIEW:

The researcher has gathered information from the online information available through various
articles,journals,research papers and other online sources such as JSTOR and research gate.

1. First Information Report and Delay in Registration of a case : A Study of Judicial Trends.
By Dr. Raj Kumar Yadav : This paper examines the concept of Delay in FIR through
different case laws. The author finds that Delay in FIR under certain circumstances,
raising question whether it should be okay or not. Also analysed the conditions under
which the Delay in FIR will not be taken into account as an Offence under Code of
Criminal Procedure and Indian Penal Code.

RESEARCH METHODOLOGY:

The researcher has used secondary sources to collect the information employing the Doctrinal
method of research.

Primary sources :
1. Section 154 of Criminal Procedure Code.
2. Section 221 of the Indian Penal Code.
3. Section 156 of the Criminal Procedure Code.

Secondary sources:
Research papers:
2. First Information Report and Delay in Registration of a case : A Study of Judicial Trends.
By Dr. Raj Kumar Yadav.
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SCOPE OF THE STUDY:

The scope of this study is limited to the history of the Delay of FIR in India's scencerio, the
causes of Delay in FIR and present prevailing laws of India regarding Delay in FIR.

SIGNIFICANCE OF THE STUDY:

This study shall trace the original issue of Delay in FIR through numerous cases,explain the root
problem of Delay in FIR ,also issues & challenges of Delay in FIR and conclude whether Delay
in FIR is okay or not.

TYPE OF RESEARCH:

This is basic, explanatory research.

RESEARCH QUESTIONS:

1. Whether no undue Delay in FIR is not essential or not?

MODE OF CITATION :

The researcher has used the OXFORD method of citing.

CHAPTERIZATION :

I. INTRODUCTION
Brief introduction of Delay in FIR is explained.

II. DELAY IN FIR

There are numerous causes as in why Delay in FIR is caused which is explained.
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III. SUGGESTIONS
Some Suggestions and measures regarding Delay in FIR are discussed here.

IV. PUNISHMENT FOR NON REGISTRATION OF FIR

Punishment clauses are discussed here.

V. MORE CASES
Case Laws regarding Delay in FIR are mentioned here.

VI. E-FIR
Information about the concept of E-FIR is discussed here.

VII. FIXATION OF TIME FOR FORWARDING REPORT TO MAGISTRATE

The time restriction regarding the Delay in FIR is talked about here.

VIII. CONCLUSION

INTRODUCTION

Section 154 of Criminal Procedure Code -

Officers in charge of police stations record information provided by informants in relation to a

cognizable offence and deliver it to the informant for signing. This is how First Information
Reports are made. These reports should be stored in a book at the station.

In the instance of a crime against a woman, the information must be documented by a female
police officer or any female official. If a victim is temporarily or permanently mentally or
physically impaired, they can be interrogated by a police officer at their home or any other
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convenient location. When such information is recorded, it is videotaped, and the police officers
should seek a recording of the person's statement from a judicial magistrate. Giving the
informant a copy of the FIR should be free of charge.

If a police officer refuses to record a FIR, the informant may contact the Superintendent of Police
by providing the information in writing or by post, and the SP may investigate the case
personally or instruct the officers under his command to do so.

Objective of recording a FIR -

According to the investigative authorities, the FIR records set the criminal legislation in action
and gave the authorities with information about the suspected illegal activity, allowing them to
take proper procedures to locate and bring the guilty party to justice.1. The goal of notifying the
police as soon as possible after a crime has occurred is to acquire early information on the
circumstances of the incident. Waiting too long causes you to exaggerate your report and lose the
benefit of spontaneity. Deliberation and consultation can sometimes lead to the creation of an
inflated narrative or fabricated story.2.

Evidentiary Value Of FIR :

The First Information report is not significant evidence, which means it is not evidence of the
facts contained in it. The contradiction between the statement made in the FIR and the evidence
shown at trial will only serve to undermine the evidence presented at trial, rather than bringing
the statement made in the FIR into evidence. As a result, while FIR does not have evidentiary
value in general, in extraordinary instances such as a deathbed declaration, FIR can serve as

1
Hasib v State of Bihar, AIR 1972 SC 283.
2
Thulia Kali v.State of Tamil Nadu, AIR 1975 SC 50.
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proof. According to the decision in the case of Machhi Singh v. State of Punjab,3, a dying
declaration was seen as substantial evidence and was sufficient to sustain a conviction

Aside from this exception, FIR is considered to have corroborative value, which means it either
affirms or contradicts a witness's evidence at trial if the informant is summoned as a witness.
Even if the FIR does not contain all of the facts, including specific data in it might help the
inquiry. This has no effect other than to set the legislation in action. However, if there is a delay
in filing a FIR, there may be a miscarriage of justice since the inquiry may be delayed, giving the
criminal an opportunity to destroy evidence or flee.

The Emperor v. Khwaja4 It was emphasised in this case that FIRs are particularly beneficial if
they are documented before time and opportunity for embellishment has elapsed or before the
informant's memory has faded. When an FIR is filed late or improperly, it raises suspicion,
putting the Court on high alert to examine the likely cause and explanation for the delay and
assess the prosecution's reliability.

DELAY IN FIR :

There are three types of delays in registering a FIR. In the first instance, there is the delay caused
by the informant in getting the FIR registered with the police, in the second instance there is the
delay caused by the police in getting the FIR registered, and in the third instance there is the
delay in getting the FIR dispatched to the magistrate.

Delay In Lodging FIR By Informant -

There is no time limit imposed by the law or the judiciary for providing information about a
crime to the police. It has been established that the FIR must be submitted within a reasonable

3
AIR (1983) SC 957.
4
ILR (1945) Lah 1.
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time frame. In each situation, it is up to the court to establish what constitutes a reasonable
period. As a matter of law, the fact that no FIR has been filed with the police does not always
preclude prosecution. All of the facts and circumstances of the case must be reviewed in light of
the credible explanation presented for the delay when analysing the consequences of a delay in
doing so5. A protracted delay in filing a FIR may be excused if witnesses have no motivation to
incriminate the accused and have presented a reasonable cause for the delay.State of Rajasthan v.
Om Prakash6The FIR was filed approximately 26 hours late, according to the Supreme Court.
However, this had no bearing on the prosecution's case because rape of a minor concerned the
family's image, profession, and the life of a very young kid in this case.

Despite the fact that it is not substantive evidence, the FIR has probative significance. If there is
an inexplicable delay in filing the FIR, the prosecution case may be destroyed. Despite the fact
that a delay in filing a FIR does not result in the FIR being quashed, it raises suspicions and puts
the court on the lookout for a probable reason. A delay in providing the initial information can be
tolerated if there is a good reason.

Delay By Police In Recording FIR By Police In Charge -

Section 154 of the CrPc states that while the police are registering a crime or a case, the officer
cannot enquire into the credibility of the information provided by the informant in order to
prevent the registration of a case. As a result, if an information revealing a cognizable offence is
laid before a police officer in charge of a police station that meets the requirements of Section
154(1) of the CrPC, that officer has no choice but to record the substance of the information in a
prescribed form, i.e., to register a case7.

5
Ibid.
6
2002 LawSuit(SC) 575.
7
State of Haryana v Bhajan Lal 1990 LawSuit (SC) 701.
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State of AP v. Punati Ramulu8, It was discovered that the investigating officer neglected to
register a FIR after obtaining information of a cognizable, as in this case, offence and had drafted
a FIR after arriving at the site following necessary considerations, consultations, and
conversations. As a result, it is obvious that the investigation is tainted, and relying on such an
investigation would be risky, because no one knows how far the police officer would have gone
to manufacture evidence and generate false clues. A delay in registering the FIR will result in an
untrustworthy FIR, as well as suspicions against the police officer and a blemish on his
professional image.

In Mohindra v. State of Punjab9, The complainant asked the police to file a complaint against the
suspected accused, but the police never filed a case and never enforced the law, so she moved the
high court. The state's counsel contended that an investigation had already taken place. The
Supreme Court questioned how an investigation could take place without a criminal complaint
being filed. The Apex court rules that a case must be filed based on the appellant's report, and the
problem must then be thoroughly examined.

In another case, Abhay Nath Dubey v. State of Delhi, the police refused to register a FIR, and the
High Court ruled that when such a cognizable offence was prima facie disclosed and the police
had no choice but to launch a full-fledged investigation to establish the genuineness or reliability
of the information and allegations and render the investigation redundant, refusing to register a
FIR would be a violation of Section 154(1)10.

In the case of Lalitha Kumari v. State of UP11The Supreme Court chastised the police for failing
to file an FIR. According to it, notwithstanding the legislation, the police agencies involved do
not record FIRs unless authorised to do so by the Chief Judicial Magistrate of the Supreme
Court. In many circumstances, investigations do not begin even after a police report is filed. The

8
1993 Lawsuit (SC) 156.
9
2001 Lawsuit (SC) 19 dated 04th January 2001.
10
2002 Lawsuit (Del) 701 case no 113 of 2000.
11
AIR 2012 SC 1515.
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Court stated that the police should be directed to swiftly file the FIR and give copies to the
complainants. If the police do not follow these directions or do not commence an inquiry, the
magistrate may launch an investigation.

We recently seen how the accused ran from pillar to post for four months in order to get a FIR
filed against him in the Unnao rape case. The woman made a report the same day she was
assaulted in June 2017, but no FIR was ever filed. In April 2018, she filed a complaint with the
Rai Bareli Superintendent of Police and the High Court, which ordered the police to file a case12.
It was all harassment rather than protection for a physical and emotional victim. The court
moved the case to the CBI in this case, citing police ineptitude and laxity, as well as political
influence on police administration. In a recent rape case involving a veterinary surgeon in
Hyderabad, the victim's family approached the police and sought a missing person report, at
which time the cops allegedly made inappropriate remarks instead of filing a formal complaint
and searching for the victim.

Officers who decline to submit a FIR typically fail to bring the matter to court, allowing the
offender to escape. A police officer commits a breach of duty when he or she refuses to register a
police complaint.

Delay By Police In Forwarding FIR To Magistrate -

In situations of cognisable offences, the police delay transmitting the FIR to the magistrate,
which delays the trial and the process, allowing the accused to escape the clutches of the law.
Instead of filing a FIR, the police in theft instances file a non-cognizable report (NCR), which
does not need an immediate investigation. Because NCRs are not needed to be referred to the
magistrate for an order of inquiry, there is a degree of laxity in the procedure. When the signs of
crime, such as theft and chain snatching, have been eradicated, NCRs are given to the magistrate
after three to four months.

12
In re an unfortunate incident in Unnao of Rape and Murder Published in Various newspaper vs State of
UP, 2018 LawSuit (All) 3126.
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SUGGESTIONS :

Public Awareness -

While the law demands that a FIR be filed, the average person is unaware of the intricacies of
filing a FIR whether he or she is a victim or witness to a crime. Through the means of television,
the internet, and newspapers, the police department should publicise the necessity of filing a FIR
within a reasonable period following the conduct of a crime. If a FIR is submitted on time and
with appropriate facts, the department and law and order must provide reasonable assurances that
it would be investigated fairly in a prima facie case of an offence being committed.

The common man should no longer fear the police, and everybody should consider law
enforcement as part of the people's protection and service. Applied to the FIR registered once
and given to the magistrate, it is asserted that the informant registering the FIR is fake, and to
refute this, the informant must appear in magistrate court and tell the occurrence, proving that it
is genuine and justifies inquiry. Compliance is required to dissuade persons from filing bogus
FIRs, while actual victims are claimed to be running from pillar to post with no resolve.

Punishment For Non Registration Of FIR :

Section 221 of the IPC punishes an official who knowingly fails to seize or confines any person
charged with or likely to be apprehended for a crime, or who assists such a person in escaping.
Nonetheless, this clause does not expressly indicate that public employees be punished for
refusing to register FIRs. In light of this, it is proposed that there be a particular reference to
sanctions for failure to register a FIR in a prima facie case of a cognisable offence.

MORE CASES -
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● In the case of the State of U.P. v. Manoj Kumar Pandey13, the Supreme Court ruled that
the trial court's and High Court's approach is manifestly untenable. The fact that the
victim was beyond the age of 16, as determined by the trial court, cannot be used to
establish that she was a willing participant. There was no evidence presented to
demonstrate such consent. Aside from that, the regular rule regarding the prosecution's
need to explain the delay in registering the FIR and the lack of prejudice and/or harm
created by such delayed lodging of the FIR does not apply in cases of rape. This has been
the court's constant position.As a result, the High Court was manifestly incorrect in
dismissing the appeal in such a cryptic manner. In the circumstances of the case, we
vacate the High Court's order and remand the case to it for a new hearing so that it can
analyse the subject, hear it in full, and render a reasoned decision. Whatever we have said
thus far is solely for the purpose of concluding that the way in which the appeal was
handled was improper. Delay in filing the First Information Report is fatal to the
prosecution case.
● In Raghbir Singh v. State of Haryana14, it was determined that hurrying the sufferer to the
hospital to save his life rather than going to the Police Station first was a sufficient excuse
for the delay.
● In Mahtab Singh & Anr. v. State of U.P15, The Supreme Court determined that one of the
main reasons given by the High Court in overturning the acquittal judgement was that the
FIR was lodged only 45 minutes after the incident, despite the police station being only
one furlong away from the scene of the crime. The High Court, however, failed to
consider a very material aspect: despite the fact that the police station was located close
to and visible from the scene of the incident, PW-1 did not immediately go to the police
station to report, but instead went to Charan Singh to have a written report prepared and
then went to the police station with the written report.Within five minutes of the
incident's occurrence, the first version of the incident might have been reported to the
police station. The fact that PW1 spent 45 minutes to report the occurrence at the police
station casts suspicion on the veracity of the prosecution case and does not rule out the

13
AIR 2009 SUPREME COURT 711 (para 3).
14
2000(2) RCR(Criminal) 717(SC).
15
AIR 2009 SUPREME COURT 2298 (para 11).
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possibility of false implication of the accused against whom PW1 had a grudge owing to
some civil disagreement between them.
● In Satpal v. State of Haryana16, the Supreme Court held that this Court might take judicial
notice of the fact that the victim's family would not typically wish to have a stigma
attached to the victim. In this type of case, a delay in filing the First Information Report is
common. Apart from relying on a portion of the prosecutor's testimony, both lower courts
judged PW-5's evidence to be totally credible. The medical evidence, as part of the
evidence, must be viewed in the context of the visual evidence and other circumstances
surrounding it.
● In Dilawar Singh v. State of Delhi17, the Supreme Court declared that one of the essential
rules for the court in a criminal trial is to seek a convincing explanation for the delay in
lodging the report. Delay provides the complainant with the chance to deliberate on the
complaint, exaggerate it, or even fabricate it. Delay eliminates the possibility of
presenting the Court with an unblemished account of the case at the earliest opportunity.
As a result, if there is a delay in appearing before the police or the court, the courts will
always treat the claims with mistrust and hunt for a good explanation. If no such
satisfaction is created, the delay is considered fatal to the project.
● In Anoop Singh v. State of Haryana18, the court ruled that a 12-hour delay in lodging
dowry death paperwork is not fatal. When families are engaged, it is fairly uncommon for
relatives and other members of society to cause a few hours of delay. Delay in filing is
not automatically fatal to the prosecution. When the prosecution brings a false witness
who has not observed the incident and implicates an innocent person as an accused, it is
deadly. 36 The acquittal was upheld in a case involving an alleged natural offence where
the F.I.R. was submitted after 20 days and the victim's evidence was also found to be
inconsistent.
● In Kesar Singh v. State of Haryana19, the court ruled that a six-day delay in filing a FIR is
not fatal to the prosecution's case. In this case, the deceased received injuries, and he died

16
AIR 2009 SUPREME COURT 2190( para 20).
17
AIR 2007 SUPREME COURT 3234; 2007(4) RCR (Criminal) 115 (SC).
18
2006(2) RCR(Criminal) 824(P&H)(DB).
19
2006(2) RCR(Criminal) 744(P&H).
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six days later. The dead stayed in the hospital for treatment, but physicians did not report
the incident to police.
● The honourable Supreme Court concluded in Murari Thakur & Anr. V. State of Bihar20
That skilled counsel for the appellant then claimed that there was a delay in filing the
FIR. We believe that there is no such delay that can be deemed to be fatal to the
prosecution's case. The incident occurred on August 26, 1998, about 4 p.m. The first
informant, the deceased's father, Bhuneshwar Mishra (PW8), was in Sitamarhi and went
home at 8 p.m. after learning through his brother Dhaneshwar Mishra that his young son
Bal Krishna Mishra, who was around 14 years old, had been killed. Bhuneshwar Mishra
proceeded to file the FIR after learning about it from his brother Dhaneshwar Mishra
(PW4). The Investigating Officer, R.K. Tiwari (PW11), indicated in his evidence that it
was rainy season and there was flooding in the region when he arrived at the scene on the
night of 26.8.1998/ 27.8.1998 at approximately 1.30 a.m. and recorded the informant's
Fard-e-bayan. In these circumstances, we believe there was no such catastrophic delay in
filing the FIR.

Suggestions By Mr. Abdul Kalam :

In one of his talks, Late. Mr. Abdul Kalam emphasised the delay in establishing a FIR and
proposed a solution based on Indian Law Institute study -
1. When the Station House officer receives the complaint, he is to be informed that it must
be filed promptly.
2. Complaints must be registered using a computer.
3. The SHO's email address should be made public. If the SHO refuses to record the
complaint, a facility for sending an email to the SHO with copies to higher authorities
should be offered.
4. The complaint method should be extensively publicised.
5. The police officer must provide a report of action taken to the top officer within 10 days
after filing a FIR.
20
AIR 2007 SUPREME COURT 1129 (para 6).
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6. Police personnel should not put complainants under any pressure to withdraw or
compromise their allegations. When such a situation is reported, higher-ranking officers
should take action against the wrongdoing officers.

E - FIR :

Tamil Nadu, Himachal Pradesh, Jharkhand, Maharashtra, New Delhi, Madhya Pradesh, Haryana,
Odisha, Bengaluru, Patna, and Kolkata are among the Indian states that have begun E-FIRs.
Online filing of police reports should be made mandatory in all states across the country, and a
new provision of the CrPC should be inserted to that effect. The investigation and judicial
procedure will be sped up by entering basic and standard information in a FIR in the first
instance. The online FIR will also keep a close eye on the administrators of the legislation and
ensure they carry out their responsibilities correctly.

Fixation Of Time For Forwarding Report To Magistrate -

There is no time restriction for submitting the report to the magistrate under sections 154 or 156
of the CrPC. Police agencies are overburdened with cases and prefer to have fewer FIRs on file
since it becomes a responsibility to investigate. Sending the FIR the following working day will
bring the crime to the notice of the magistrate, and police officers will be more motivated to
solve the case. Laws in this respect should be made more stringent, with police officials being
required to justify any delays in forwarding reports to magistrates. Penalties should be
incorporated in the statute for undue delays in forwarding reports to magistrates.
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CONCLUSION

In the case of a delay in filing an FIR, the legal maxim Justice delayed is justice denied applies.
It is essential that there is no undue delay in the process since the FIR is the first step towards
setting the law in motion. In criminal cases, every step of the legal process is crucial, as it has the
potential to save or damage a life. In order to maintain the trust of the public, administrators of
justice should use their power in the public's interest.
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BIBLIOGRAPHY

1. Delay In Filing Of First Information Report And Its Impact On The Trial: Analysis Of
Judicial Decisions By Hrishikesh Jaiswal.
URL -
https://www.legalserviceindia.com/legal/article-7378-delay-in-filing-of-first-information-
report-and-its-impact-on-the-trial-analysis-of-judicial-decisions.html

2. Delay in FIR
URL - https://indiankanoon.org

3. CASES
URL - https://www.casemine.com

4. First Information Report and Delay in Registration of a case : A Study of Judicial Trends.
By Dr. Raj Kumar Yadav.