AIR 1973 SUPREME COURT 1 ::1973 MadLJ(Cri) 429 ::1973 3 SCC 114 ::1973 SCC(Cri) 195 ::1973 2 SCR 16 ::1973 (1) SCJ 617 ::(1972) 2 SC WR 734 ::1972 SCD 1143

Supreme Court Of India

(From : Kerala)

Hon'ble Judge(s): J. M. Shelat, I. D. Dua, H. R. Khanna , JJJ

Index Note :- (A) Criminal P.C. (5 of 1898) , S.154— First information report - Object and use of - Delay in giving first information of offence - Effect of - Matters to be considered by court. Brief Note (A) :- The receipt and recording of information report by the police is not a condition precedent to the setting in motion of a criminal investigation. Nor does the statute provide that such information report can only be made by an eye witness. First information report under Section 154 is not even considered a substantive piece of evidence. It can only be used to corroborate or contradict the informant's evidence in court. But this information when recorded is the basis of the case set up by the informant. It is very useful if recorded before there is time and opportunity to embellish or before the informant's memory fades. Undue or unreasonable delay in lodging the F.I.R., therefore, inevitably gives rise to suspicion which puts the court on guard to look for the possible motive and the explanation for the delay and consider its effect on the trustworthiness or otherwise of the prosecution version. No duration of time in the abstract can be fixed as reasonable for giving information of a crime to the police, the question of reasonable time being a matter for determination by the court in each case. Mere delay in lodging the first information report with ....