FIR – whether sufficient proof of loss?

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    • #2871

      Is FIR sufficient proof of any loss?

    • #2873

      No. FIR is only the starting point of a criminal case. It sets the criminal law in motion. Investigation is conducted on the basis of the FIR given by the informant / complainant. Loss mentioned in the FIR may only be as per the version of the complainant, which may not always be correct and truthful. Sometimes, it may be exaggerated and may even be false.

      After a thorough investigation, the police tries to find out the truth in the allegations mentioned in the FIR and collects evidence, if any, to support the allegations made in FIR. Depending on evidence that becomes available during the investigation to support the allegations contained in the FIR, police may file charge sheet. Sometimes, after investigation, the allegations made in the FIR may be found to be false also, in which case a closure report is filed by police.

      In fact, even the charge sheet may not contain the conclusive proof, including proof of the loss, if any. Ultimately, the contents of the charge sheet are also required to be proved in the trial stage by leading evidence.

      Therefore, FIR is not the sufficient or conclusive proof of loss, if any, mentioned therein.

           


      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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