FIR – containing extra sentence which original complaint did not have

[Vinayaka Kanha]

a false case has been lodged on me, in the FIR of the complaint given against me the police has written an extra sentence in complaint summary section of FIR which is not written by the complainant in the complaint written by him so when we compare both complaint written by complainant and the complaint summary section of FIR any one can easily tell that – the complaint written by complainant is not his personal statement, police has advised or helped him to write the false complaint, The complainant has forgot to write a very important sentence in the complaint given but that particular sentence has been written in complaint summary section of FIR, other than that sentence all other words are exactly same as written by complainant. So what i want to know from you people is weather court accepts our argument that the complaint is a false one which is advised to complainant by police.

[Dr. Ashok Dhamija]

You can show to the court the contradiction in the FIR and the original complaint given to police. Such contradiction may not necessarily imply that the whole complaint is false, but the contradiction may definitely help you as an accused if it is on a substantive issue. Depending on the facts of a case, occasionally such a contradiction may even be fatal to the prosecution case, though not always.

Also keep in mind that FIR is not the end of everything in a criminal case. Ultimately, the offence has to be proved on the basis of the totality of the evidence adduced during the case and the FIR is one piece of the evidence.

     

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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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