FIR Is A Public Document U/S74 Evidence Act ; Injured Person's Statement Recorded As FIR Can Be Treated As Dying Declaration : Supreme Court

The Supreme Court held that the First Information Report (FIR) is a public document defined under Section 74 of the Evidence Act.

The statement by an injured person recorded as FIR can be treated as a dying declaration and such a statement is admissible under Section 32 of the Indian Evidence Act, the bench of Justices observed while convicting Prabhunath Singh, a former Member of Parliament.

One of the issues raised in this case was whether the FIR or Bayan Tahriri can be said to be proved as a piece of reliable prosecution evidence and if so, what would be the position of law on the issue of treating the FIR or Bayan Tahriri as the Dying Declaration?

The court held:

"In this respect various earlier pronouncements of this Court have clarified the position of law that the statement by an injured person recorded as FIR can be treated as a dying declaration and such a statement is admissible under Section 32 of the Indian Evidence Act. It was also held that the dying declaration must not cover the whole incident or narrate the case history. Corroboration is not necessary for this situation; a dying declaration can be the sole basis for conviction"

On the issue of whether FIR is a public document, the bench, referred to various High Court judgments and said:

"This Court endorses the above view and holds that FIR is a public document defined under Section 74 of the Evidence Act". 

The court clarified that any public document does not stand proven by the mere fact of its production. The court made the following observations:

1. "It is proved in the usual manner of proof when an objection to it is taken. The Court usually accepts a fact as proved when, after considering the document and the evidence before it, concludes that what is stated in the document is believable based on what the document, on the face of it, states along with what a witness to the document states about the contents and how the document was prepared/authored."
2. "According to the common practice of Trial Court and also according to the General Rules (Criminal) as applicable in the case, all the papers and documents filed and produced during any inquiry and trial of a criminal case are marked as ‘Paper No.’ and at the stage of evidence, when any article, weapon, material, 105 or document is admitted as evidence, it is marked as an exhibit, be it in any manner whatsoever either by use of alphabets or by use of numbers (generally as Ex-Ka for prosecution evidence and Ex-Kha as defence evidence)."
3. "At the stage of evidence, when any document/paper is formally produced for being treated as a piece of evidence, the Court looks at two basic aspects. Firstly, the existence of the document on the Court’s record and, secondly, the proof of its execution or its contents being sufficiently deposed to by a witness having requisite knowledge thereof, whereafter, the document in question is marked as exhibit. At the stage of exhibiting any document as a piece of evidence, the truth of what is stated in the  document is not considered. It is left open to final evaluation at the trial after crossexamination, and the entire testimony of the witness about the existence and contents of the document is weighed in conjunction with various other factors emerging during a trial. At the final evaluation stage, the Trial Court concludes whether the document speaks the truth and decides what weight to give it for final decision. In other words, its evidentiary value is analysed by the Courts at the time of final judgment."

Other reports about the judgment can be read here.

Harendra Rai vs State of Bihar | 2023 LiveLaw (SC) 664 | 2023 INSC 738

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