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Delay In Lodging FIR, Is Always Fatal

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 spontaneity.

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 prosecution case.

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