FIR stands for the first information report. Criminal proceedings were initiated after lodging of FIR under section 154 CrPC, upon receiving of information regarding the crime police officer initiates an investigation and thereafter further criminal proceedings initiates.
Limitation Act provides the limitations within which appeals, applications, or suit should be filed, but the limitation act is not applicable to criminal proceedings. Thus, the question is are there any limitations provided for filing of FIR or complaint to the magistrate? As above stated, the limitation act does not apply but we have provisions from sections 467 till 473 CrPC which provides limitations for taking of cognizance by a magistrate in a case and do not provide any limitation period for lodging of FIR.
Thus, we can say that FIR can be lodged any time after the commission of a crime and a police officer cannot refuse to lodge a FIR on the mere ground that this is a delayed FIR.
However, there are pons and cons of lodging delayed FIR.
- The very first is that though the limitation period for filing FIR is not anywhere in CrPC, it provides a limitation period for taking cognizance so maybe in cases where FIR is delayed there magistrate does not take cognizance because of the expiry of the limitation period.
- Due to a certain gap of time freshness of evidence hampers, as there may be cases that witness memory fades out, or turn hostile or pieces of evidence tempered etc.
- It becomes difficult for the court to do justice and reach on conclusion due to the lack of proper and trustworthy evidence
However, in many cases, Supreme Court held that in rape matters delayed FIR has to be looked at with many factors as there may be several reasons behind delayed FIR like societal fear, stigma, pressure, etc.
If you want to be a judicial officer and are looking for RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and top notch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, and current affairs classes all in one-time enrolment. Hurry up.
