Binod Kumar Mishra (Government Service) 25 June 2009

can FIR be changed once registered

i want to know that FIR once registered can be changed further? if yes then under what circumstances.

there is a friend of mine, against whom an FIR was registered under section 498-A. there was seven named person in the FIR by police. but in the letter of complainant the name of nine persons was there. later on when the anticipatory bail was filled for six persons then they were shocked to see the FIR that the rest two persons was also named in the FIR totalling to Nine person according to suitability of the father of the girl.

now the main question is that :- on what ground the IO after getting instruction from Dy.SP. included the names of two additional persons.

can it is possible that IO has prayed the court to add the names of further two persons.

main question is this that whether it is permissible in indian legal system that FIR once registered can be changed or not?

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11 Replies

saumit joshi (advocate) 25 June 2009

Investing Officer have power to add accused during further investigation if he thinks fit as per nature of offence but before filling the chargesheet.

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 25 June 2009

Rightly suggested by my Ld. friend.

PARTHA P BORBORA (advocate) 25 June 2009

an FIR which once registerd can not be changed in any curcumstances. it is a mandatory provision and a quash petion will lie before a high court. but the I/O of the case has the power to arrest or take action agaist any person whose names not appeared in the FIR but it appeared in the statements of the victim or any other witness; recorded U/S- 161 or 164 Cr.P.C. but it is agaist the law if the I/O or anybodt ammanded a registerd FIR.

1 Like

Mohit Attri (lawyer) 25 June 2009

if investigation officer will add any matter,called supplymentry statement.otherwise he cannt change the fir.it is against the law.fir can quash only in hc.

1 Like

Uday (Lawyer) 26 June 2009

The doubt was well clarified by our learned friend Bobora. FIR means First information report. It will be merely a reflection of the complaint. If any statement is obtained subsequent to FIR, it will be only a statement under 161 Cr.P.C or 164 Cr.P.C. More over, if the IO during the investigation finds that there are sufficient grounds to add the persons in the names of the accused, who were not mentioned in the FIR, he has the power to do so. But this can be done before filing the final report. If the IO wants to include any body else as accused after filing the charge sheet, he has to file an application before the court and get the permission of the court for further investigation and after obtaining the permission from the court, he can do so.

B.N.Rajamohamed (advocate / commissioner of oaths) 28 June 2009

F.I.R once registered can be altered but in your case already the complainant has given the complaint against nine accused therfore, he can inform the magistrate and with his permission he can change it.

PARTHA P BORBORA (advocate) 02 July 2009

would u mind to tell me the provision under which the amandment of the FIR is possible? there is no such law.

PARTHA P BORBORA (advocate) 02 July 2009

Ld, friend Rajamohamod-would u mind to tell me the provision under which the amandment of the FIR is possible? there is no such law.

RAJENDRAN K.M. 09443050520 (Advocate) 03 July 2009

Fir can't change,the sec also change or modified for futher investigation.

Poonam Upadhyay pathak (Advocate) 26 November 2009

FIR cannot be changed.Investigating Officer have power to add accused during further investigation if he thinks fit as per nature of offence but before filling the chargesheet. But if the FIR is changed then it is to be quash by the HC.