FIR Not Evidence Against Elected Members: Key Legal Insights

2025 0 Supreme(HP) 317

He used the official seal to which he was not entitled. The police registered the F.I.R. and conducted the investigation. It was found after the investigation that the petitioner ceased to be a member with effect from 10th February 2021, however, he had used his official seal on 16th March 2021. ... The allegations in the FIR are absurd and inherently improbable. The evidence#H....

2025 0 Supreme(HP) 392

The ruling party could not get its candidate elected for the Rajya Sabha elections. The FIR is politically motivated, and the petitioners have nothing to do with the acts alleged in the FIR. ... Sufficient evidence was available regarding negotiation/purchase and transaction of the money for achieving illegal goals. Transactions worth crores of rupees were made to get the candidate elected#HL_EN....

is that certain serious charges have been made against a candidate returned as duly elected, which have not in the slightest degree received any investigation. ...   There is no evidence before mo as regards the petitioner's worth or who were the persons who promised him financial assistance, and in the absence of this information I do not think it can be said that the petitioner has made out an adequate ground for p....

This is pure hearsay, because  the petitioner, not being a committee member but only a voter, could  not have been present. His evidence is therefore indirect and obtained second-hand. In paragraph 16 the petitioner further says ?I have reason to believe that the said P. ... but the grounds for this belief are not stated. The  affidavit of Don Simon Jayasinghe, a committee member, w....

The Minister, evidently, recognised the propriety of the local member's intervention and, however much attention modern democratic theory may accord to Edmund Burke's address to the electors of Bristol and may agree that an elected member once elected is elected to act and vote as one ... If so, it is something which he does in bis capacity as such member. If it is something which he could have done....

He purports to explain the absence of any objection to respondent on July 4 by saying that that was not the proper place to take such an objection, as the respondent had in fact been elected a member of the committee. ... Petitioner is a resident of Karainagar, an elected member of the Village Committee, and an unsuccessful candidate for the position of chairman. ... It is subject for remark that p....

declared duly elected. ... lists only initials are used with the surname or what would correspond to the surname. ... I do not therefore accept the contention that the indication of the sex of the voter on an electoral list is to be treated as a piece of useless information ; but on the other hand I should say that it is as much an integral part of the name as the surname itself, especially as in the ... His object w....

2022 0 Supreme(Telangana) 747

evidence may have been adduced and the effect of such piece of evidence on the broad concept of administration of justice may be minimal. ... It is possible that such forged document or forgery may cause a very serious or substantial injury to a person in the sense that it may deprive him of a very valuable property or status or the like, but such document may be just a piece of evidence produced or given....

2025 0 Supreme(Bom) 553

Order VI Rule (2) of the CPC , deals with pleading to state material facts and not evidence. ... By this petition, the petitioner has prayed for declaration that the petitioner himself be declared as elected member under Section 83 of the Representation of the People Act, 1950 (hereinafter referred as the RP Act). ... In absence of such basic averments, it would also not be permissible for the election pe....

2024 0 Supreme(Bom) 144

He may or may not be elected as a member of the Managing Committee. The acts of the trust are in the interest of the trust and not in the interest of any individual trustee. ... Therefore, it could not be considered under Section 14(1) (j-3). Respondent No.2 has acted as a Trustee. He is not directly or indirectly the beneficiary of the use or enjoyment of the said land. There was no #HL....

2021 0 Supreme(Tri) 26

15.1 P.W.-13, Dulal Das, the husband of the deceased Baby Rani Das lodged the FIR. In the complaint, P.W.-13 stated that his wife and Manju Sukla Das had been suffering from illness and on the belief that one of the accused, namely, Smt. Santa Debnath (Majumder) being a devotee of “Manasha Devi” (a Hindu Goddess) had the power to recover from illness, both of them went to the house of the accused-persons, the appellants herein. FIR is not a substantive piece of evidence but can be us....

2019 0 Supreme(Cal) 483

It has been held that the FIR is not a substantive piece of evidence, yet, the same can be used to test the veracity of the evidence. That is to say, it is subject to corroboration or contradiction by its maker only. It would not be proper to accept the prosecution case.

2013 0 Supreme(MP) 959

That apart, the FIR is surrounded by heavy dark clouds or doubt for another reason that in the FIR, the pharsa has been assigned to the appellant but when the injured appeared in the Court as P.W. 1 he has categorically stated that axe-blow was given by the appellant. But, the legal position is very clear and merely on this discrepancy as to who lodged the FIR, the judgment of conviction cannot be somersaulted. It is a well-settled law that the FIR is not a substantive piece of evide....

2007 0 Supreme(Pat) 457

6. There is no dispute that many witnesses including the informant have turned hostile but it is remarkable that they have admitted their signatures over important documents like fardbeyan, seizure list and inquest reports. If the informant chooses not to support the prosecution case, that alone cannot be a ground for rejecting the prosecution case. It is well established in law that FIR is not a substantive piece of evidence and it can be used only to corroborate or contradict its m....

2006 0 Supreme(Gau) 1127

In the instant case, even if the G.D. Entry 1150 recorded at 3.10 a.m. (Exbt. P-14) is treated as an FIR in the case, where the names of the accused-appellants have not been disclosed, yet that by itself may not be the final word in the matter. An FIR is not a substantive piece of evidence and the law permits the FIR to be used to contradict or supplement other evidences in a case.