What is the First Information Report? What is its evidentiary value ?

 What is the First Information Report? What is its evidentiary value ?

1.The First Information Report is recorded under section 154 Crpc. It is to put law into motion.  

2.The Information is to be given to the Police officer in charge of a police station having jurisdiction to investigate the case. 

3.If the information is given orally it shall be reduced into writing by the officer himself or under his direction. 

4.The information shall be signed by the informant. The information taken down in writing shall be read over to the informant.

5.The substance of the  information is then to be entered by the police officer in a book kept by him in the prescribed form. This book is called a general diary. Under Article 44 of the Police Act 1861. It is mandatory to keep a general diary to make minute to minute details about the work done by police officers, investigation reports of the different cases and cash transactions etc. 

6.Section 154 requires the FIR to be recorded verbatim in the very language of the informant to be read over and explained to him and to be signed by the informant. The idea behind reading over the information reduced into writing and obtaining the signature of the  first informant thereon are intended to ensure that what has been reduced into writing is a true and faithful version of the information given to the officer in charge of the police station.  

7.The informant then shall be forthwith given a copy of the FIR, free of cost. 

8.In the case of Palwinder Singh vs State of Punjab (1997), the Supreme Court held that, “No police officer can refuse to register the complaint if it discloses the commission of cognizable offences.” 

9. According to section 154 (3), if a person is aggrieved by non registration of his case, he may send by post the substance of such information in writing to the superintendent of the police concerned. If the superintendent of the police is satisfied that the information discloses the commission of the cognizable offence, he shall either investigate the case himself or direct an investigation to be made by a subordinate police officer in the manner provided by the court. Such subordinate police officers investigating the offence shall have all the power of an officer in charge of a police station. In relation to that offence. 

10.Provided that if the information is given by the woman against whom an offence under section 326 A, section 326 B, section 354, 354 A, 354 B, 354 C, 354 D, 376, 376 A, 376 AB, 376 B,376 C, 376 D, 376 DA, 376 DB, 376 E or 509 IPC is alleged to have been committed or attempted then such information shall be recorded by a woman police officer or any woman officer.

11.Provided further that in the event that the person against whom an offence under section 354,354 A, 354 B, 354 C, 354 D, 376, 376 A, 376 AB, 376B, 376 C, 376D, 376 DA, 376 DB, 376E or 509 IPC is alleged to have been committed or attempted or temporary or permanently is mentally of physically disabled, then such information shall be recorded by police officer at the residence of the person seeking to report such offence or at a convenience place of such person’s choice in the presence of an interpreter or a special educator, as the case may be.

12.The recording of such information shall be videographed. The police officer shall get the statement of person recorded by judicial magistrate under section 164 Crpc as soon as possible. 

Registration of FIR is mandatory 

1.In the case of Lalita Kumar vs Government of UP, the Supreme Court held that the officer concerned is duty bound to register the case on the basis of information disclosing commission of cognizable offence. Thus, it is a mandatory provision. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and the police may conduct a preliminary inquiry in order to ascertain as to whether a cognizable offence has been committed or not. These cases may pertain to family disputes, marriage related issues, corruption charges, medical negligence or economic offences  investigated by CBI etc. 

2.In the youth bar association of India vs Union of India, the Supreme Court held that all the FIRs registered in police stations, except those offences of sensitive nature are required to be uploaded on the official website of all States. 

3.The obligation to register FIR has been mandated because it is the first step to access justice to victims. It upholds the rule of law. It facilitates swift investigation. It avoids manipulations in criminal cases.  

4.Where an anonymous telephonic message did not disclose the names of the accused nor did it disclose a commission of a cognizable offence, it was held by the Supreme Court in the case of Tapinder Singh vs State (1970) that  such a message could not be held as FIR. 

5.In the case of Tehal Singh vs State of Rajasthan (1989), the Supreme Court held that telephonic message received by an officer in charge in police station from an ascertained person, reduced into writing discloses commission of a cognizable offence and is not cryptic or incomplete in essential details, constitute a FIR. 

6.In case of more than one person making statements to the police about the same cognizable offence, in such a situation the police officer will use common sense and record one of the statements as FIR. 

7.Statements recorded by the police in respect of a cognizable offence can be considered and used as FIR if the same is recorded before the commencement of the investigation, but not otherwise.

Evidentiary value of FIR

1.It is a settled law that a FIR is not substantial evidence. However, its importance being the earliest information regarding the occurrence cannot be doubted. Though the FIR is not substantive evidence, it can be used to corroborate the informant under section 157 evidence act or to contradict him under section 145 of the evidence act. 

2.The FIR should be lodged with the police at the earliest opportunity after the occurrence of a cognizable offence. Delay in lodging the FIR results in embellishment, exaggerated account or concocted story. Thus it is essential that the delay in lodging the FIR should be satisfactorily explained. In the case of P Rajgopal vs State of Tamil Nadu, the Supreme Court held that undue delay in lodging the FIR gives rise to suspicion which puts the courts on guard to look for the possible motive and cast doubt on the prosecution version of trustworthiness.

3.If the FIR is given to the police by the accused himself it cannot possibly be used either for corroboration or contradiction. The accused cannot be the prosecution witness. 

4. If FIR is of a confessional nature,it cannot be proved against the accused informant as it would be hit by section 25 of evidence act because no confession made to a police officer shall be proved as against a person accused of an offence. 

5.If the FIR given by the accused is non-confessional, it may be admissible in evidence against the accused as an admission under section 21 of evidence act or showing his conduct under section 8 of evidence act. 

6.If the first informant dies, the FIR can be used under section 32 (1) of the evidence act. 

Why was Congress established in 1885?

Why was Congress established in 1885?

Why is it in the news?

1.The Congress celebrated 139th foundation day and kick started Lok Sabha election campaign with a mega rally in Nagpur.

2.The Congress president Mr. Mallikarjun Kharge said that the objective of Indian National Congress was public welfare and progress of the people of India.

3.The Congress believes in an India that is based upon parliamentary democracy, equality and opportunities for all without any discrimination and the preservation of political, economic and social rights enshrined in the constitution of India. 

Introduction

1.Congress spearheaded the freedom movement after its foundation in 1885.

2.In its initial phase from 1885 to 1905, Congress fought for Indianisation of services, constitutional reforms, self government, separation of judiciary from executives, development of agricultural banks, betterment of the condition of workers and an urge for freedom of speech, the press and to make association and stoppage of syphoning of national resources of India to Britain. 

3.In the second phase from 1905 to 1919, Congress adopted belligerent policies of swadeshi and boycott on account of partition of Bengal. 

4.In the third phase starting from 1919 to 1947, Gandhi ji launched Non-cooperation movement in 1920, Civil disobedience movement in 1930 and Quit India Movement in 1942. Thus, Gandhi ji made congress a mass movement, awakened people and finally forced the British to Quit India in 1947. 

Why was Congress founded in 1885?

1.One of the reasons assigned for the foundation of Congress was that it was started by A.O. Hume under the guidance and direction of viceroy Lord Dufferin in order to provide a peaceful safety valve or constitutional outlet for the rising discontent among the masses. It is asserted that India was on the boil. Discontentment was brewing up. So, by founding the Congress, the revolutionary spirit of the Indian people was suppressed.  

2.It is suggested that Britishers took lessons from the Revolts of 1857. They pinpointed that one of the reasons for the Revolts of 1857 was that there was no connectivity between Indian Natives and the British ruling class. Just after the Revolts, Sir Sayyed Ahmad Khan brought out a leaflet showing that the 1857 Revolts occurred because no mechanism was developed by Britishers to know the aspirations of Native Indians. This distanciation between the ruling class and the ruled subjects was the main cause of the upheaval. Taking lessons from the Revolts of 1857, the noted historian R. Palme Dutt said that the Britishers brought Congress into existence for safeguarding British rule against the rising forces of popular unrest and anti-British feeling. 

3.Another theory is that the foundation of Indian National Congress was not a sudden event. It was the culmination of the process of political awakening that was taking place in the year of 1870s and in 1880s. 

Rise of Nationalism 

The foundation of Congress took place because of the genesis of Nationalism of India in the second half of the 19th century. The foreign domination caused National sentiments among the people. The British rule caused a clash of interest between the Indian interest and the British interest. The British converted India into a colony to subserve the interest of the mother country. Every section of the Indian society got frustrated over British rule. The peasants had to suffer because of the heavy land revenue tax. Artisans were ruined because of the foreign competition. The Indian intelligentsia discovered that the British rule was making Indians economically backward. The British Government and its officials stifled freedom of press and expression. Only zamindars, the landlords and the native princess were hands in gloves with Britishers because their interests coincided with the British interest. 

Social and religious movements

The religious and social movements launched by Ram Mohan Roy, Dayanand Saraswati, Swami Vivekanand, Sir Sayyed Ahmad Khan, Dada Bhai Nauroji, Justice Ranade instilled a sense of nationalism among Indians. 

Foundations of different organisations before Congress 

1.Ram Mohan Roy was the first Indian leader to start agitation for political reform in India. Through his strenuous efforts, he got the Sati system abolished in India. 

2.Many public associations were started in different parts of India by wealthy and awakened Indians.

3.In 1866, Dada Bhai Nauroji organised the East India Association in London to discuss the Indian question and to awaken the British public about the problems of native Indians. He was the first Indian to get elected to the British Parliament. 

4.The British association in Bengal was formed to safeguard the interest of zamindars. Similarly, the Bombay association and Madras native association were formed. But these associations lost touch its anti-British sentiments and instead became reactionary.

5.Surendranath Banerjee and Anand Mohan Bose founded the Indian association in July 1876. Its aim was the unification of Indian people under a common political programme.

6.Justice Ranade constituted Poona Sarvajanik Sabha in 1870. 

7.M. Vir Raghavachari, G. Subramanya Iyer and Anand Charlu formed the Madras Mahajan Sabha in 1884.

8.Firoz Shah Mehta, K.T. Telang, Baddruddin Tayyabji formed the Bombay presidency association in 1885. 

9.All these associations were formed to fight against British rule and its exploitative nature. However, their scope was limited and could not become an all India organisation.

10.Against this background Indian National Congress was founded in 1885 at Bombay. Its first president was W.C. Banerjee. 72 delegates participated in the foundation ceremony. The founder A.O. Hume became the first general secretary of the Congress.

Conclusion

1.Thus, the Congress was founded on account of the National feeling arising out of foreign domination. As it has been observed that several organisations were formed by prominent Indians to conduct political activities but they lacked all India character. 

2.A.O. Hume succeeded in establishing the Indian National Congress because he had tacit support of the then viceroy Lord Dufferin. According to G.K. Gokhale, No Indian could have succeeded in establishing an organisation of all India character because of the distrust between the British rulers and the native Indians and would have suppressed the movement. That’s why stalwarts like Dada Bhai Nauroji, Firoz Shah Mehta, Justice Ranade, G Subhramanya Iyer and Surendranath Banerjee cooperated with A.O. Hume so that the British Government should not have become suspicious and attacked the congress in its initial stage of formation. Had A.O. Hume not formed the Congress, others would have formed an organisation of All India Character to fight back Britishers for political, economic and social rights. 

Why do courts acquit criminals/accused?

 

Why do courts acquit criminals/accused?

Why is it in the news?

As per the news item published in the reputed Newspaper at Indore, the court acquitted three accused charged with murder and kidnapping of a 13 year old son of a medical shop owner. It was contended that most of the witnesses turned hostile and so the court acquitted the accused. The mother of the dead son was in the precinct of the court and she started sobbing but the accused came out with their smiling faces. Thus, the boy, who was killed, did not get justice even after his death.

Introduction

1.Once a crime is committed, the Police register FIR. Investigation goes on. 

• The investigation of an offence consists of proceeding of the investigating officer to the spot, ascertainment of facts and circumstances of the case, discovery and arrest of the suspected offenders, the examinations of various accused and the search of places or seizure of things considered necessary for the investigation and finally, formation of the opinion as to whether on the basis of materials collected, there is a case to present accused before the magistrate for trials and if so, taking the necessary steps by filing of a charge sheet under section 173 of crpc.

2.If there is sufficient evidence, the investigating officer produces a charge sheet in the court. The court starts the trial proceedings whereby examination chief, cross examination and re-examination of the witnesses, complainants and accused take place. The relevant documents are exhibited in the court of law before the accused. The Judge either convicts or acquits the accused on the basis of evidence brought before him. 

3.If there is sufficient evidence, the court convicts the accused as per the provision of Indian Penal court. If the court is not satisfied with the evidence brought before it, it may acquit the accused. 

Causes of the acquittal of the accused 

The acquittal of an accused can be attributed to the complexities of so many factors. These are -

• Insufficient evidence- If the prosecution fails to establish the guilt of the accused on the basis of insufficient evidence incriminating the accused, the court can acquit an accused. 

• Reasonable doubt- It is the duty of prosecution to prove the involvement of the accused in the crime beyond reasonable doubt. If the defence successfully introduces doubt about the involvement of the accused in the case, the court can give a verdict in favour of the accused by acquitting him. 

• Illegal evidence - If the court comes to the conclusion that the prosecution has obtained evidence unlawfully, it may not admit that illegal evidence in the court and this may lead to acquittal of the accused.

• False confessions - If defence proves that the confession of the accused was obtained by coercion, temptation, allurement or under duress, the court may not admit those confessions by the accused and this may lead to acquittal.

• Credibility of witnesses - If witnesses are inconsistent, biased , and their statements are contradicted by other evidence, it may create scepticism in the mind of the judge and he may acquit the accused because of the lack of accuracy among witnesses. 

• Failure in identification of unknown accused and stolen goods may lead to acquittal of accused.

• Alibi - If the defence successfully establishes the fact that the accused were far off from the place of occurrence of crime and it was not humanly possible to reach the place where the crime occurred, the court may presume that the accused are not involved in the commission of crime.

• If the expert testimony is challenged by the defence and their methodology or expert testimony is successfully impeached, the court may presume that the expert's testimony were vitiated and so it may acquit the accused. 

• Lack of jurisdiction- on account of lack of jurisdiction, the court can also acquit and accuse.

• Statutes of limitations -  The law dictates a specific time limit within which charges must be found. If the prosecution brings charges after the statute of limitation has expired, the accused may be acquitted due to the legal time limit. 

• Poor investigation - Investigation is the process of linking the chain of circumstances under which the crime occurred and the crime detected. If the Investigating Officer fails to establish the link of the occurrence and the detection of the crime and if there is a missing link, the court may acquit the accused. 

• Procedural violations - failure to adhere to legal procedure during evidence collection, statement of witnesses, arrest, searches can render evidence inadmissible in the court. 

• Political influence - Pressure from higher authorities or political masters can compromise the independence and impartiality of the investigation leading to the acquittal of the accused. 

• Resourceful and powerful accused - Sometimes accused are so powerful politically and economically that they exert enormous pressure upon witnesses, the police and the court. Moreover, these powerful accused hire reputed lawyers to defend their case. While the complainant and his government advocate can not match the legal knowledge and expertise of defence lawyers. This leads to the acquittal of the accused. 

• In addition, lack of expertise of the investigating officer, procedural violation, inadequate training and prejudice of the investigating officer are other factors for the acquittal of accused. 

Impact of acquittal of the accused on the society 

Society is disturbed whenever wrongful convictions take place or guilty individuals are acquitted. This leads to the erosion of public trust in law enforcement. The confidence of people in the criminal justice system is also shaken. Law and order situation worsens. Anarchy prevails. The prestige of police ebbs in the eyes of people. 

Conclusion

Acquittals of an accused occur on account of several factors. It is therefore pertinent that the comprehensive legal procedure is followed. The rights of the accused are safeguarded. The evidence is collected and scrutinised before producing them into the court of law so that the court can trust them. It must be remembered that as per the jurisprudence, every accused is innocent until proven guilty by the court. Efforts should be made to cross examine witnesses and accused in such a way that the court is satisfied with the collection of evidence and its authenticity. 

India is the Mother of Democracy. Right or Wrong?

Is India the Mother of Democracy?

What is democracy?

1.Democracy is the form of government which is governed by the people, for the people and of the people. This definition is given by the U.S. President Abraham Lincoln. 

2.According to P. B. Shelley, democracy is a form of government in which everyone has a share. It means the people have a share in the governance and the economic resources of the country. It also implies that there must be equitable distribution of resources among the people of a country.

3. According to United Nations Human Right commission,  the essential features of democracy are 

• Holding of periodic free and fair elections by universal suffrage and by secret ballot to determine the will of the people.

• Respect for fundamental freedom of expression and opinion.

• Respect for Human rights 

• A pluralistic system of political parties and organisations

4.The evolution of the modern concept of democracy and its development are linked to two important revolutions. They are the American revolution (1776) and the French revolution (1789). The American revolution was the harbinger of constitutionalism and the government based upon the free and voluntary consent of all people. The French revolution reinforced the principle of popular sovereignty, the universal manhood suffrage and the idea of liberty, equality and fraternity. 

5.In Athens, universal suffrage was not the norm. Only elite adult males with Athenian parentage on both sides were considered citizens eligible to vote. Women and slaves were disqualified. 

Republics of ancient India 600 BC to 400 AD

1.We have no direct evidence regarding the Indus state. We do not have evidence to suggest as to what kind of government was being run by the Indus people. Some scholars argue that the government was run by a class of merchants while some others contend that the Government was run by the priest. 

2.In the Vedic Period, Sabha and Samiti were two powerful and popular assemblies to assist and advise the king. The king was hereditary. However, his power was very much limited because of the popular influence of Sabha, a council of elders and Samiti, an elected body. But in Vedic period, the state was not republic because the head of the government was not elected. 

Later on, the Gana and Sangha are cited as the two popular examples of ancient democracy. They have been translated as republic, oligarchy, democracy and confederacy. These tribal republics existed between 500 BC to 400 AD. 

3.The important ancient republics were

• The Shakyas of Kapilvastu

• The Licchavis of Vaishali

• The Mallas of Pava

• The Mallas of Kusinara

• The Koliya of Ramgram

• The Bhagya of Sun-Samagri

• The Mauryas of Piphalaivana 

• The Kalama of Suputa

• The Videhas of Mithila

4.In the Republics, the real power lay in the hands of Tribal oligarchies. In the Republics of Sakyas and Licchavis the ruling class belonged to the same clan and same varna. In the case of Licchavis of Vaishali, 7707 Raja (King) sat in the assembly hall. Slaves and hired labourers were not made the part of these assemblies in the republics of areas lying around the Beas river in Punjab, membership was restricted to those who could supply at least one elephant to Raja. Each Raja maintained his own store house and apparatus of administration. They have a separate regular army.  Although Brahmins exercised great power in monarchies, they have no place in the early republics. The republic functioned under the leadership of oligarchies assemblies. Thus, the people in the republic did not share political power equally. 

5.According to A. S. Altekar, these tribal oligarchies flourished as long as there was harmony and concord among the members of their assemblies. These members were generally the senior elite males within the tribe. They were not elected, instead they were selected on the basis of their popularity and social prestige. Within these assemblies various subgroups formed which would often come in conflict with each other and that led to their downfall. Moreover, the rising power of Magadh destroyed the republican states of ancient India. Chandragupta Maurya conquered all these states one by one. 

6.After the downfall of the Mauryan Empire, Republican states again sprang up in western India. The important republics in the post Mauryan period were the Malavas, the Arjunayans, the Yodheys and the Madrakas. These republics were defeated by Sakas and thereafter by the Guptas. 

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Was the Republics of ancient India the epitome of democracy of democratic spirit?

It is clear from the above discussion that the governance of the ancient republics of India was vastly different from the democracy which is being understood and conceptualised these days. The republics of ancient India lacked many of the essential features by which modern day democracy functions. It is clear that in the ancient republic of India there was limited participation in the decision making process. There was no universal adult suffrage. Instead it was the group of elites that ultimately held political power. 

Conclusion

The republics of ancient India were virtually the tribal oligarchies. These were run by a selected few prestigious and high class varnas. In most of the cases, it was Kshatriyas who ruled republics. Brahmins, slaves, hired labourers and lower varnas had no role in the decision making process of republics. Since, the decision making process was very much limited, the ancient republics can not be construed as democracy or proto democratic government. Thus it is wrong to say that India was the mother of democracy. The Nationalist historians claimed India as the cradle of democracy to instil nationalistic feelings and glorious past among the subjugated people who were seething with discontents and difficulties during the British rule.