Basic ingredients missing in original complaint

Tilak Marg Forum for Legal Questions Forums Criminal Law Basic ingredients missing in original complaint

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 6 months ago.

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  • #4487

    Udar Ojha
    Guest

    Sir,

    In a complaint basic ingredients of the offence u/s 498a and 406 and key dates of committal of offence were missing. But when the police filed the chargesheet all the lacunas in the complaint were filled through providing dates of offence and basic ingredients of offences in Crpc 161 statements.

    Can submission made in statements u/s 161 Crpc be considered to fill gaps in the original gaps? And based on the information provided even though it was missing in original complaint the MM can frame charges?

    Thanks

  • #4497

    FIR is not an encyclopaedia which can contain all the facts in it. FIR is just the beginning of the investigation. All facts and circumstances relating to the offence (for which FIR is registered) are ascertained during the investigation, including in the form of Section 161 Cr.P.C. statements. That is the very purpose of the investigation, i.e., to ascertain the truth of facts mentioned in FIR, to collect evidence, etc.

    Therefore, it is possible to fill in details on facts which were not mentioned in the FIR in the statements recorded under Section 161 Cr.P.C. Of course, subsequently, during trial, the accused can make use of discrepancies, if any, in the FIR and the Section 161 statements. If there are major contradictions between the two, it may benefit the accused. If vital details are missing from FIR, it may help the accused.

    When the Magistrate frames charges, he does so on the basis of all evidence available in the case, including the Section 161 statements, and not merely the FIR. So, there is nothing unusual or wrong if the Magistrate uses information available in Section 161 statements for framing charges.

    Ultimately, it will be for the witnesses to give their evidence in court, which will finally prove the case. Even Section 161 statements have limited value / use during trial; what the witness states in the court during trial is more important.

         


    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.

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