DELAY IN FILING FIR - EFFECT

DELAY IN FILING F.I.R. - EFFECT:

The law is well settled that mere delay in lodging the F.I.R. is not by itself fatal to the case of the prosecution. (See: Ashok Kumar Chaudhary v. State of Bihar). 

In State of Himachal Pradesh v. Gian Chand a three-Judge Bench of the Supreme Court had observed thus:

"12. Delay in lodging the FIR cannot be used as a ritualistic formula for doubting the prosecution case and discarding the same solely on the ground of delay in lodging the first information report. Delay has the effect of putting the Court in its guard to search if any explanation has been offered for the delay, and if offered, whether it is satisfactory or not. If the prosecution fails to satisfactorily explain the delay and there is a possibility of embellishment in prosecution version on account of such delay, the delay would be fatal to the prosecution. However, if the delay is explained to the satisfaction of the Court, the delay cannot by itself be a ground for disbelieving and discarding the entire prosecution case."

Whatever might be the reason for the delay in registration of F.I.R., such delay may often leads to false implications; for the delay gives time for the defence to implicate even innocent, especially, when rivalry exists between the two parties. In this scenario, the delay in registration of F.I.R. leading to the possibility of false implications of some of the accused cannot be ruled out.