As per Lawkidunya, In Pakistani law, a First Information Report (FIR) cannot be considered as substantive evidence in a court of law. According to various case laws and judgments, an FIR is merely a document that sets the criminal law in motion, and its primary purpose is to inform the police about the commission of a cognizable offense.

Case Laws and Judgments

– In the case of PLD 1976 Kar. 235, it was held that an FIR, even if lodged promptly, does not acquire higher value in law as a substantive piece of evidence.

– Similarly, in PLJ 1985 Cr.C. (Lah.) 76, the court ruled that an explanation for a delayed FIR is not to be considered when such explanation is only mentioned in the FIR itself.

– Furthermore, in NLR 1989 Cr. 341, it was held that an unexplained delay in registering an FIR indicates that the eyewitnesses were procured and induced to be eyewitnesses.

Key Principles

– Delay in FIR: A delay in lodging an FIR can raise suspicions about the genuineness of the prosecution case. However, the delay itself is not always fatal to the prosecution.

– Explanation for Delay: The explanation for a delayed FIR must be convincing and satisfactory. If the delay is not explained or is inadequately explained, it can weaken the prosecution case.

– FIR as Evidence: An FIR cannot be considered as substantive evidence in a court of law. Its primary purpose is to inform the police about the commission of a cognizable offense.

These principles and case laws emphasize the importance of carefully evaluating the circumstances surrounding an FIR and the explanations offered for any delays in lodging it.

Relevant Case Laws and Judgments

2003 PCr.LJ 1778
2002 SCMR 1586