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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The FIS is recorded as a report or statement made to the police, often during investigation, and is used to initiate proceedings or investigations rather than as direct evidence. It is sometimes referred to as a statement recorded under Section 154 of the Cr.P.C. ["REGHUNATHA KURUP vs THE STATE OF KERALA - Kerala"], which deals with the First Information Report (FIR).
Legal and Procedural Context
The FIS is recorded primarily as a report to police under Section 154 of the Cr.P.C. and not as evidence per se. It is a preliminary statement that must be signed and is used as a basis for investigation, but it does not constitute substantive evidence unless proved in court. The legal obligation involves truthfulness and signing, but the statement itself is not automatically admissible as evidence ["REGHUNATHA KURUP vs THE STATE OF KERALA - Kerala"].
References:- ["REGHUNATHA KURUP vs THE STATE OF KERALA - Kerala"]: FIS is recorded under Section 154 of the Cr.P.C., with a statutory duty to sign the statement.- ["VAZHAPPANAL SHAJI Vs STATE OF KERALA - Kerala"]: FIS is not evidence and is used mainly to corroborate or contradict witnesses.- ["ALEX,S/O. ANTONY vs STATE OF KERALA - Kerala"]: FIS is a previous statement, not substantive evidence, and used with caution in court proceedings.
In criminal investigations across India, the First Information Statement (FIS), also known as the statement of facts, plays a crucial role. But a common question arises: On what provision is the FIS statement recorded? This query is vital for anyone navigating police procedures, court cases, or legal defenses. Typically, an FIS is a formal written record of information from a witness or informant, captured during the initial stages of an investigation. While it sets the wheels of justice in motion, its evidentiary weight is limited. This post explores the legal foundation, uses, and restrictions of FIS statements, drawing from key judicial precedents.
An FIS is generally the initial statement given to police by a complainant, witness, or informant. It documents facts about a potential crime, including details of the incident, suspects, and circumstances. Unlike a First Information Report (FIR) under Section 154 of the CrPC, which formally registers the case, the FIS often precedes or supplements it. Importantly, it is not substantive evidence proving guilt or innocence but a tool for investigation. Bafeek VS Sub Inspector of Police - 2018 0 Supreme(Ker) 769
As the Supreme Court noted, An FIR under S.154 Cr.P.C is not a substantive piece of evidence and its use is only to contradict or corroborate with the statement given by the First Informant himself at a later point of time. Bafeek VS Sub Inspector of Police - 2018 0 Supreme(Ker) 769 This principle extends to FIS statements recorded from witnesses.
FIS statements are typically recorded under Section 161 of the Indian Evidence Act, 1872. This section empowers police officers to examine orally any person supposed to be acquainted with the facts and circumstances of the case. The statement must be recorded in writing if the officer deems it necessary, and a copy provided to the person upon request.
Key aspects include:- Oral examination: No oath is administered, distinguishing it from court testimony.- Written record: Signed by the person giving it, but not treated as sworn evidence.- Investigation phase: Part of the probe under CrPC Sections 154-176.
Courts have consistently upheld this framework, emphasizing FIS as an investigative aid rather than proof. Ratul Puri VS Bank of Baroda Through General Manager - 2024 0 Supreme(Del) 514
A core legal principle is that FIS lacks standalone evidentiary value. It cannot directly prove guilt but serves to:- Corroborate or contradict the witness's later court testimony under Section 145 or 157 of the Evidence Act.- Provide context on the crime's nature or commission method, sans confessional elements.
The Supreme Court in Shambhu Das @ Bijoy Das & Anr. v. State of Assam AIR 2010 SC 3300 held that an FIR is not a substantive piece of evidence and is only to contradict or corroborate later statements. Bafeek, S/o. Aboobacker VS Sub Inspector of Police, Thrissur - 2017 0 Supreme(Ker) 1446 Similarly, witness FIS follows suit. Bafeek VS Sub Inspector of Police - 2018 0 Supreme(Ker) 769
In practice, FIS helps establish motive, relationships, or incident details but requires court validation through sworn evidence.
If an FIS contains confessional or inculpatory statements, they are shielded. Section 25 of the Evidence Act bars confessions made to police from being proved against the accused. Only non-confessional parts are admissible.
As clarified in a key ruling: The confessional part of the F.I.R. cannot be used against the accused. Only that part of the statement which does not amount to a confession and is not hit by Section 25 is admissible in evidence. Bheru Singh S/o Kalyan Singh VS State Of Rajasthan - 1994 0 Supreme(SC) 169
This safeguard prevents coerced admissions during investigations.
FIS appears in various proceedings:- Bail applications: Courts assess prima facie cases. In one case, FIS allegations under SC/ST Act were deemed sufficient for denying anticipatory bail, noting there exists prima facie materials which has been made out against the present petitioners. Uday VS State Of Karnataka - 2020 Supreme(Kar) 1193- Trials: Used for contradictions. PW1 identified Ext.P1 FIS, but delays or suppressions can raise doubts. Kuttappan @ Babukuttan VS State Of Kerala - 2022 Supreme(Ker) 620- Compensation claims: In motor accident cases, FIS occupation details aided income assessment: the statement contained in the FIS regarding the occupation of the petitioner can be acted upon. SYAMALA vs SANDHYA - 2025 Supreme(Online)(Ker) 31932
However, false or retaliatory FIS may not sustain prosecution if lacking prima facie merit. Uday VS State Of Karnataka - 2020 Supreme(Kar) 1193
FIS features prominently in diverse scenarios:
In a culpable homicide appeal, FIS details were weighed against medical evidence, leading to acquittal due to causation gaps. Rajan. K. S/o. Janardhananmenon VS State Of Kerala - 2022 Supreme(Ker) 719
These cases underscore FIS as investigative bedrock, not conclusive proof.
Limited admissibility exists:- Non-confessional parts: Usable under Sections 8 (conduct) or 21 (admissions) Evidence Act.- No substitute for oath: Cannot replace trial testimony.- Scrutiny required: Courts must parse confessional elements. Bheru Singh S/o Kalyan Singh VS State Of Rajasthan - 1994 0 Supreme(SC) 169
Prosecution must avoid over-reliance on protected portions.
In summary, while FIS kickstarts probes, its courtroom role is auxiliary. This is general information based on precedents; consult a legal professional for case-specific advice, as outcomes vary by facts.
References:- Bheru Singh S/o Kalyan Singh VS State Of Rajasthan - 1994 0 Supreme(SC) 169 (Confessional FIR parts).- Bafeek VS Sub Inspector of Police - 2018 0 Supreme(Ker) 769 (FIR/FIS evidentiary limits).- Ratul Puri VS Bank of Baroda Through General Manager - 2024 0 Supreme(Del) 514 (Witness statements).- Bafeek, S/o. Aboobacker VS Sub Inspector of Police, Thrissur - 2017 0 Supreme(Ker) 1446 (FIR as non-evidence).- Others integrated from case law.
#FISStatement #EvidenceAct #CriminalLaw
Part (a) related to scope of service of SIPL and Part (b) dealt with responsibilities of FIS. Part (a) incorporated a provision for ‘DAILY RECON’. ... Even if reconciliation provision in Schedule-A is not to be strictly construed as a duty or obligation owed by FIS to SIPL, it still does not affect the argument of mitigation. ... The amount was towards invoices raised by SIPL to FIS towards performance of services under the contract. FIS filed Statement of Defence and....
statement lodged by her as FIS is not evidence and it was not tendered before a court of law. ... As already stated, by lodging a false FIS, a person cannot be said to have given false evidence before a court of law or fabricated false evidence as contemplated by the provision. ... It is relevant to have the provision extracted hereunder for convenient reference. ... provision of law to state the truth or being bound by law to make a declaration upon any subject. ... Smt.Sheeja, who ac....
that the statement lodged by her as FIS is not evidence and it was not tendered before a court of law. ... As already stated, by lodging a false FIS, a person cannot be said to have given false evidence before a court of law or fabricated false evidence as contemplated by the provision. ... It is relevant to have the provision extracted hereunder for convenient reference. ... provision of law to state the truth or being bound by law to make a declaration upon any subject. ... Smt.Sheej....
The earlier statement and the signature, appearing in the FIS, is not a statement given on oath, while the statement denying his signature and handwriting was given on oath. ... The said statutory provision states that the information given in writing or reduced to writing shall be signed by the person giving it. Therefore, the person who has given the FIS has a statutory duty to sign it. ... The denial of handwriting and signature in the FIS while giving evidence on....
He was unable to give a statement and hence PW8, the then ASI, Karikottakari Police Station recorded the statement of PW2, his wife, i.e., Ext.P1 FIS on 18/09/1998. ... PW2, his wife had given a statement to the police on the basis of which Ext.P7 FIR has been registered. ... In addition to that one other person, namely, Madhavan has also been named in the FIS. However, this Madhavan has not been made an accused in Ext.P2 complaint. Neither PW1 nor PW2 in the box has a case that Ext.P1 FIS#HL_....
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Being enraged with this, in retaliation, the first informants have lodged the present false first information statement (FIS) with a malafide intention and it does not depict any prima facie case so as to proceed under the provisions of the Act. ... As far as the provision of Section 18A and anticipatory bail is concerned, the judgment of Mishra, J., has stated that in cases where no prima facie materials exist warranting arrest in a complaint, the court has the inherent power to direct a pre-arrest bail. ... The learned counsel for the p....
Therefore, I am of the view that the statement contained in the FIS regarding the occupation of the petitioner can be acted upon for the purpose of determining the compensation. As the petitioner was a handicraft maker, she could be treated as a skilled labourer. ... As already stated, in the FIS, it is specifically mentioned that the petitioner was a handicraft maker at the time of the accident. Moreover, the FIS was given by the injured herself. ... It is not prudent to expect that at the time of giving a sta....
Annexure-A3 FIS, however, discloses that the petitioner criminally intimidated second respondent over phone. It contains the statement that the petitioner threatened to cut the second respondent to pieces wherever she goes and hides. ... Union ofd India (2015 (2) KLT 1 (SC) which held that the said provision in the Police Act is unconstitutional. Perusal of Annexure-A3 FI statement given by the second respondent does not disclose the actual words that were used for abusing the de facto complainant. ... 30.10.2013 EXECUT....
as FIS and brought it to tax. ... AO/DRP erred on facts and circumstances of the case and in law in holding that the payment received for provision of support services under the support services agreement amounting to Rs.33,36,43,225/- are FIS under Article 12(4)(a) of the DTAA without appreciating that these ... Assessing Officer (AO) held that the amount received by the Assessee on account of provision of management consultancy services and professional support services are in the nature of fee for included services (#....
PW1 identified Ext.P1 First Information Statement (FIS) given by her. Although PW1 initially deposed that, she disclosed the incident to the doctor, she corrected herself immediately.
Further, it is doubtful whether Ext.P5 FIS is the first statement to the police. On 18/03/2004 he had also recorded the statement of the deceased, which statement tallied with Ext.P7 FIS. As referred to earlier, PW16 in the cross examination deposed that the day after the incident, he along with one Iyyub had gone to the Police Station and reported the matter. PW13 deposed that though on the said day he had questioned PWs1 and 2 also, he had not recorded their statements. On 30/03/2004 he had questioned PW4 and CW7(an attestor to the scene mahazar). (PW1 a....
5. It was also argued that the FIS is not the first statement given by PW1. The said statement has been suppressed and it leads to a presumption that the story in the FIS is one concocted by the Police. In cross-examination he had specifically admitted to have been taken to the hospital, after the incident, by the Police, from his house from where he had given a statement to the Police.
When A1 to A4 were named in the FIS obviously this statement was not with respect to them. In the FIS the statement was that she was harassed on several occasions by identifiable persons. Again, in the FIS she had a case that in December 2012 A2 harassed her.
He recorded (Ext.P18) first information statement (FIS) from Ramachandran. Thereafter, at 12.30 in the night, he came to know that Santhosh Kumar died and PW19 Ramachandran was admitted to a hospital. PW20 deposed that PW19 was conscious and he voluntarily gave the statement. In cross-examination, PW20 deposed that PW19 had mentioned names of the assailants when he gave Ext.P18 FIS.
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