Delay in registering of the FIR | A is alleged to have committed the murder of B. The F.I.R. was lodged after two days. The police station was two miles away from the place of occurrence. The trial court convicts A relying on F.I.R., as the witnesses have supported the prosecution case mentioned in the F.I.R. Is the conviction of A valid?

Question: A is alleged to have committed the murder of B. The F.I.R. was lodged after two days. The police station was two miles away from the place of occurrence. The trial court convicts A relying on F.I.R., as the witnesses have supported the prosecution case mentioned in the F.I.R. Is the conviction of A valid? Give reasons in support of your answer

Find the answer to the mains question only on Legal Bites. [Delay in registering of the FIR | A is alleged to have committed the murder of B. The F.I.R. was lodged after two days. The police station was two miles away from the place of occurrence. The trial court convicts A relying on F.I.R., as the witnesses have supported the prosecution case mentioned in the F.I.R. Is the conviction of A valid?]

Answer

Delay in registering of the FIR does not per se prove to be fatal to the case. Some of the pertinent reasons for such delay maybe due to far off distance between the police station and the place of incident, lack of transportation, the psychological trauma faced by a person due to the death of their loved ones, lack of awareness on the part of the victim to report such cases by lodging FIR.

If the delay is unreasonable then it becomes the primary obligation of the Court to inquire about the reasons which perpetuated the delay.

At the same time, the delay may be condoned depending upon the peculiar facts and circumstances of the case. If the delay is corroborated by the other factors i.e. if the prosecution is able to justify the delay with proper evidence then such delay will not prove to be fatal to the case

In the facts of the present case 2 miles amounts to 4 kilometres approximately and can be reached at police station in an hour or two approximately from the place of occurrence. Delay of 2 hours may be possible due to the internal and external factors mentioned above. It becomes the duty of the Court to know the reasons for the unreasonable delay caused in lodging the FIR. If the prosecution is successful in substantiating the reasons for the delay which is substantiated by the evidence of the witness then Court shall convict ‘A’ for the charges of murder of ‘B’.

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