Introduction
Sexual assault comes with heavy baggage of trauma, anxiety, and fear of social stigma. The added pressure of court trials and investigation, has survivors questioning the crime over and over. Amidst the emotional chaos, approaching the police can be a daunting thought.
Laws on Delay in Filing FIR
According to Indian criminal law, a cognizable offence is any offence for which the police may arrest the accused without any warrant. Examples of cognizable offences are rape, dowry death, murder, among others. When oral information with respect to commission of a cognizable offence is given to a police officer, he is bound to reduce the same into writing and it shall be entered in a book to be kept by such officer. This is commonly referred to as the First Information Report (“FIR”). FIR is to be registered promptly and without any delay. This can be done only if the offence is brought to the notice of the police authorities promptly.
FIR in a criminal case is extremely vital and valuable piece of evidence to support the oral evidence presented at the trial.
The Hon’ble Supreme Court in the matter of
Thulia Kali v. The State of Tamil Nadu observed that the purpose of insisting upon prompt lodging of the report is to obtain early information about the circumstances in which the offence was committed, the persons involved and the eyewitnesses to the scene. Any delay in filing could lead to embellishment, coloured versions, exaggerated accounts resulting from consultations and afterthought.
Any delay in filing must be supported with satisfactory explanation to avoid any doubt in the intent of the FIR.It is thus clear that the Courts often insist on timely lodging of the FIR and the delay, if unexplained, may become an important aspect to be considered. It is to be noted that no straitjacket formula can be laid especially considering that the
law does not prescribe any duration within which a FIR is to be registered. However, the Supreme Court, in a catena of judgments have held that such a
requirement of prompt registration of a FIR may not always be applicable to sexual offences.There have been several cases with delay in filing FIR by the informant such as
Satyapal vs State of Haryana, State of Himachal Pradesh vs Prem Singh. The Supreme Court in the matter of
Satpal Singh v. State of Haryana was concerned with a case where the FIR was registered after a period of 4 months from the date of offence. However, the court did not let it hold the investigation or view the victim with suspicion.
In
State of Punjab vs Gurmit Singh & Ors., the Supreme Court deprecated such a practice by the trial court and held that even if there was some delay in filing the FIR, the same has been properly explained coupled with the fact that in cases such as the present, delay in lodging FIR was natural. The SC further held that the courts cannot overlook the fact that in sexual offences delay in lodging FIR can be due to variety of reasons particularly the reluctance of the victim and her family to go to the police because of reputation and honour of the family.
Several factors weigh in the mind of the victim and her family before going to the police station to lodge a complaint. In a tradition bound society such as ours and more particularly in rural areas, it would be quite unsafe to throw out the prosecution case merely on the ground of delay in lodging the FIR.
| Bombay High Court states, “No mathematical time limit in lodging an FIR can be fixed in cases of rape. Courts in such cases should adopt a realistic approach rather than one which is unimaginative and theoretical.” |
Delay in Filing FIR by Police
When recording a cognizable crime in compliance of Section 154 of CrPC, the police cannot embark upon an inquiry as to whether information is reliable or real and to refuse recording of a statement on that ground. If the information disclosing cognizable offence is laid before a police officer, they have no other option except to enter the statement in prescribed form, immediately.
Lali Kumari v. State of UP, a landmark judgement, condemned the inaction of the police in non-registering an FIR. The Court showed its disapproval that despite law laid down by the courts, the police authorities concerned do not register FIRs unless directed by a Magistrate. In many cases, investigation do not commence even after registration of FIRs. The Court retreated that directions should be issued to the police to register FIR promptly and to give a copy of the same to the complainants. Magistrates hold the power to initiate contempt proceedings, if they notice any delay in filing of FIR from the concerned police officer.
Delay by Police in Forwarding FIR To Magistrate
After lodging of FIR, police officers are required under the law to direct a copy of the FIR to the Area Magistrate. Delay in forwarding the FIR to the Area Magistrate, alone would not defeat the other credible evidence on record. However. it would question the Investigating Agency, for they would not seem cautious and rapid as ought to be.
Supreme Court has stated on several accounts that courts must look at the circumstantial evidence, and that there must be sufficient ground to represent the investigation as tainted and unjustified. Mere delay, which can otherwise be ascribed to be reasonable, would not by itself demolish the prosecution case.
While Section 157 of CrPC makes it obligatory on the officer in charge to send a report of the information received to a Magistrate forthwith, but that does not imply to denounce and discard an otherwise positive and trustworthy evidence on record. The course of justice outweighs technicality if the court is otherwise convinced and concludes the truthfulness of the prosecution case.
Conclusion
On a careful reading of the above legalese, it can safely be deduced that police officials are duty bound to record statements of the complainant in cognizable offences of sexual assault, before delving into investigation.
No duration can be prescribed for lodging an FIR in cases of sexual offences. In fact, the Courts are duty bound to examine the reasons for delay in filing the FIR and if sufficient explanation is provided, any such delay in filing the FIR cannot be the sole ground on which the investigation/prosecution can be quashed.
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