effect of delay in f.i.r

Anil Kumar kamboj Delhi M-9650 (Querist) 26 August 2008 This query is : Resolved
what is the effect of the delay in filing F.I.R ?

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SANJAY DIXIT (Expert) 26 August 2008
The unexplained and inordinate delay in lodging the FIR would certainly affect the bonafides of the prosecution case since it rise to many doubts and suspicions and the benefit of doubt will go to the accused.

K.C.Suresh (Expert) 27 August 2008
This is a factual matter. There are are delay in cases where the victim gave information after days. But that was nor considered as meterial for decidsing the main issue. Inordinate and unexplained delay may very rarely go against the prosecution. But that may give a better chance to defence to raise a contention of 'cooked up' case. After all FIR is only an intiation of proceeding and it is not everything.

sanjay kumar patibandla (Expert) 31 August 2008
delay in filling fir must be explained by the prosecution.If the prosecution failed to explain properly it will be benefited to the accused.

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