Consequences of backdating fir
Zemma Songzen
(Querist) 08 September 2013
This query is : Resolved
Dear Experts,
In my case the claim of the police is that the FIR (against unknown persons) was registered at 10 a.m., then endorsed to Sub-Inspector Mr. X for investigation. Sub-Inspector X then arrested one Mr. Y. Police claim that Mr Y was interrogated and that he revealed the names of his accomplices during this interrogation. Then these co-accused were arrested and they too were interrogated and their statements recorded.
However, we now have indisputable proof that the FIR was not registered at 10 a.m. but that it was actually registered after arrest and interrogation of all the accused persons.
I understand that it they had not falsified time of registration of the FIR they could have given some valid reason for registering it after the arrest and interrogation. But the fact in our case is that the time of registration of the FIR has been falsified.
How can the aforesaid facts affect our case? And could you'll please give me citations of cases with similar facts?
Thanking you.
Raj Kumar Makkad
(Expert) 09 September 2013
You have not identified yourself in context with the mentioned FIR either being complainant or the accused person even then I do presume that you are one of the accused persons and accordingly I do opine that no benefit is going to occur to you even if the police has claimed lodged FIR at 10 AM.
If there are contrary facts then only you can expect deriving any benefit.
J K Agrawal
(Expert) 09 September 2013
After receiving an information of a crime Police can either register as FIR or proceed to check initially truth of information. In such case police used to register FIR even after arrest.
As far as it relates to your question that the police endorsed a back time in FIR, does not effect even if proved so, unless it is so crucial that it renders highly impossible the commission of offense by the accused persons.
