Delay in Lodging the FIR : Supreme Court Explains the Legal Aspect

Delay in Lodging the FIR : Supreme Court Explains the Legal Aspect 

An important Judgment was passed by Hon'ble Supreme Court on 5 May 2008. 

It has been commented in Ashok Kumar Chaudhary v State of Bihar [2008] GCtR 2976 (SC) thus : - 

"It is trite that mere delay in lodging the first information report is not by itself fatal to the case of the prosecution. Nevertheless, it is a relevant factor of which the court is obliged to take notice and examine whether any explanation for the delay has been offered and if offered, whether it is satisfactory or not. If no satisfactory explanation is forthcoming, an adverse inference may be drawn against the prosecution. However, in the event, the delay is properly and satisfactorily explained; the prosecution case cannot be thrown out merely on the ground of delay in lodging the FIR. Obviously, the explanation has to be considered in the light of the totality of the facts and circumstances of the case."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as 5 May 2008.

Written by 

Vishal

Delhi

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