FIR Lodged with Advocate's Assistance Not Doubtful

Source: Allahabad High Court

Why in News?

A Division Bench of Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary of the Allahabad High Court, in Jagdamba Harijan v. State of U.P(2026) held that an FIR lodged with the assistance of a private advocate is not rendered doubtful or diluted on that ground alone.  

• The Court further held that legal assistance is available to all persons at every stage of criminal proceedings, including at the stage of lodging an FIR, and no embargo can be placed on seeking such assistance.

What was the Background of Jagdamba Harijan v. State of U.P (2026) Case? 

• The case arose from a criminal appeal challenging a conviction in a homicide matter originating from an acid attack. 
• The informant's mother and sister-in-law were the victims of the attack, and the informant had personally seen the face of the appellant, who had previously threatened the informant's brother and harassed the sister-in-law's father. 
• The incident occurred on the intervening night of 07/08 May 2014 at around 2:00 AM; however, the FIR was registered only on 09 May 2014 at 11:00 AM, and the accused was arrested on 13 May 2014. 
• Both victims subsequently succumbed to their injuries. 
• The Trial Court convicted the appellant under Sections 304, 326-A, and 452 of the IPC, sentencing him to life imprisonment with a fine of Rs. 10,000 under Sections 304 and 326-A, and rigorous imprisonment of two years with a fine of Rs. 5,000 under Section 452, with an additional six months' imprisonment in default of payment of fine. He was, however, acquitted under Section 323 IPC. 
• The appellant approached the High Court challenging his conviction, raising primarily two grounds — delay in lodging the FIR and the fact that the FIR was drafted by a private advocate.

What were the Court's Observations? 

• The Court upheld the Trial Court's finding that in an acid attack situation, prioritising the treatment of the injured over lodging an FIR is a natural and justified course of action, and such delay alone cannot be used to refute the entire prosecution story. 
• The Court held that "providing medical aid is and must be the step before lodging an FIR" in acid attack cases and other emergencies requiring urgent medical help, and that such delay ought to be construed as common and natural. 
• On the question of advocate assistance, the Court noted that the informant was an illiterate person in a state of severe mental distress, whose immediate family had been subjected to a brutal acid attack, and that seeking a literate person's help — who happened to be an advocate — was entirely natural in the circumstances. 
• The Court firmly held that legal aid is permissible at every stage of criminal proceedings, including at the stage of lodging an FIR, and no embargo can be placed on seeking assistance from a private advocate. 
• While acknowledging that an FIR drafted with advocate's assistance warrants careful scrutiny to ensure it is not malicious or motivated, the Court held that such assistance, by itself, does not cast doubt on the FIR's credibility or render it false. 
• The Court reiterated the settled legal position that an FIR is not a substantive piece of evidence — it is merely an instrument by which the criminal machinery is set into motion. 
• Finding no merit in the appellant's arguments, the Court upheld the Trial Court's conviction and dismissed the appeal. 

What is FIR & Legal Provisions in Relation to it? 

About: 

• A First Information Report (FIR) is a written document prepared by the police upon receiving information about the commission of a cognizable offence. 
• The term "First Information Report (FIR)" does not appear in the Code; it is the common name for information given under Section 154 of the CrPC, now replaced by Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). 

Section 173(1) — Recording of Information: 

• Information relating to a cognizable offence may be given orally or by electronic communication, irrespective of the area where the offence was committed (Zero FIR). 
• If given orally, the officer must reduce it to writing, read it back to the informant, and get it signed. 
• If given electronically, it must be signed by the informant within three days of being taken on record. 
• The substance of the information must be entered in a prescribed book maintained by the police station. 

Special Provisions under Section 173(1): 

• Where the offence alleged is against a woman (under specified sections of the Bharatiya Nyaya Sanhita, 2023), the information must be recorded by a woman police officer. 
• Where the victim is mentally or physically disabled (temporarily or permanently), the information must be recorded at the victim's residence or a place of their choice, in the presence of an interpreter or special educator, and the recording must be videographed. 
• In such cases, the police officer must also get the victim's statement recorded by a Judicial Magistrate at the earliest opportunity.

Section 173(2) — Copy to Informant: 

• A copy of the recorded FIR must be provided immediately and free of cost to the informant or the victim.

Section 173(3) — Preliminary Enquiry (New Provision): 

• For cognizable offences punishable with three years or more but less than seven years, the officer-in-charge may, with prior permission of a Deputy Superintendent of Police, either:  
  • Conduct a preliminary enquiry within 14 days to ascertain whether a prima facie case exists, or 
  • Proceed directly with investigation if a prima facie case is already evident.

Section 173(4) — Remedy Against Refusal to Register FIR: 

• If an officer refuses to register an FIR, the aggrieved person may send the substance of the information in writing by post to the Superintendent of Police. 
• If the SP is satisfied that a cognizable offence is disclosed, they shall either investigate the case personally or direct a subordinate officer to investigate. 
• If this remedy also fails, the aggrieved person may approach the Magistrate under Section 175(3) of the BNSS.

Key New Features Introduced by BNSS over CrPC: 

• Zero FIR — FIR can be registered at any police station regardless of territorial jurisdiction. 
• Electronic FIR — Information can now be given through electronic communication. 
• Preliminary Enquiry — A structured pre-investigation enquiry mechanism introduced for mid-range offences (3–7 years). 
• Enhanced victim protection — Mandatory woman officer recording and videography for vulnerable victims.