The Supreme Court has consistently highlighted the reason s , objects and
means of prompt lodging of FIR Delay in lodging FIR more often than not, result
s in em embellishments and exageneration, which is a creature of an
afterthought. A delayed report not only gets bereft of the advantage of
The danger of the introduction of a coloured version ,an exaggerated account of
the incident or a concocted story as a result of deliberations and
consultations, also creeps in casting a serious doubt on its veracity . FIR is
to be filed more promptly and if there is any delay, the prosecution must
furnish a satisfactory explanation for the delay.
State of A.P vs Madhusudhan Rao (2008) 15 SCC 582
Delay in lodging FIR can't be used as a retualustic formula for doubting in
prosecution case. Delay has the effect of putting the Court in its guard to
search if any explanation has been offered for the delay and if offered, whether
it is satisfactory or not. If the explanation is not satisfactory and there is
possibility of embellishments on account of such delay, the delay would be fatal
to the prosecution. However, if the delay is explained to the satisfaction of
the Court,the delay can not be itself be a ground for dis believing and
discarding the entire prosecution case.
There was a delay of 2 days in sending the FIR, to the Magistrate. The fact that
those two days were holidays can't be a groun for condoning the said delay
because the said requirement of Law is that FIR, should reach the concerned
Magistrate without any undue delay. Delay in giving the FIR, by it self can be a
ground to doubtful prosecution case.
Mere delay in lodging FIR is really of no consequences, if the reason is
explained. Delay in lodging every case, can not be a ground to arouse suspicion.
It can only be so, if the delay is explained. Where the delay was sufficiently
explained, Delay in lodging the FIR by itself can not be a ground to doubt the