As I have explained in Can FIR be amended to add more names of accused persons later, once an FIR has been lodged, it cannot be amended. It is not possible to change the FIR and add or delete sections of law for the offences committed.
However, during investigation, if it is found that some more offences have been committed in the alleged incident or that there is no evidence for supporting some offences already mentioned in the FIR, then it is open to the investigating officer to add or delete sections of law representing those offences in the case diary of the investigation. However, the FIR will not be amended for this purpose, but the changes in sections would be reflected in the case diary. Further, at the end of the investigation, if charge sheet is to be filed, then it would reflect the correct sections of law under which offences have been committed, and this may mean some new sections added and some earlier sections removed from the case, depending upon the evidence collected during the investigation.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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