The state brings charges against the accused on behalf of the victim or society because it is generally established that crime is against society as a whole. However, there may be some odd circumstances where the person who files the First Information Report with the police, who may simply be a witness who witnessed the incident, or he may be a victim himself, or in some cases, he may be the person who neither suffered the incident nor saw it but went and filed the report based solely on hearsay information, dies before he can actually prove it in court during the trial.
Value of a FIR as Evidence
The legal consensus is that a FIR is not a reliable source of information. It can only be used to support other evidence or assess the reliability of a witness or informant. For the simple reason that a delay may be seen as an afterthought and it alerts the courts to the possibility of a bad purpose or fabrication of facts, the F.I.R.'s corroborative value significantly decreases if there is an unexplained delay in submitting it.
A FIR cannot be regarded as substantial evidence or proof of the facts it contains. It is not made during trial; hence, it is not verified by cross-examination or submitted under oath. According to the rules of the Evidence Act of 1872, if the individual who made any such statement to the police later shows up in court and testifies during the trial, his earlier statement may be used to support or refute his testimony.
According to Section 157 of the Evidence Act, "Any previous statement made by such a witness pertaining to the same fact at or around the time the offense occurred, or before any authority legally competent to investigate the event, may be shown to corroborate such a witness' evidence."
Additionally, according to Section 145 of the Evidence Act, "A witness may be cross-examined as to previous statements made by him in writing or reduced to writing and relevant to the matters in question without such writing being shown to him or proven; however, if the writing is intended to contradict him, his attention must be called to those parts of it which are to be used for that purpose before the writing can be proved."
When a complainant passes away, the Magistrate cannot continue the case on the basis that the pleader the complainant designated is present in court to carry on the proceedings. As a result, his pleader has no further legal standing and cannot be permitted to continue handling the case on behalf of the deceased complainant. Therefore, in accordance with Section 256(2) of the Criminal Procedure Code (CrPC), he is not permitted to represent the complaint.
However, the Magistrate may grant a pleader's request to represent the deceased complainant in accordance with Section 302 of the CrPC if doing so will further the interests of justice. The Section gives the Magistrate the authority to authorize any individual to handle the prosecution. Since "any person" is used in the Section, it stands to reason that even a pleader is included.
Such a pleader would not present in the complaint case on behalf of the deceased complainant but rather as a person who has been given permission by the magistrate to carry out the prosecution. In other words, the pleader does not act in this capacity because of his initial appointment as the complainant's pleader but rather because of the permission granted to him by the Magistrate under Section 302 of the CrPC.
In Jimmy Jahangir Madan v. Bolly Cariyappa Hindley (Dead), the Supreme Court allowed the legal heirs to apply directly to the court concerned to continue the prosecution or to request that the court grant them permission to authorize the power of attorney holders to continue the prosecution on their behalf.
A public prosecutor chosen by the government is responsible for carrying out the prosecution in session matters. Therefore, the complainant's passing is irrelevant, and the complaint may still be handled even though the complainant has passed away.
If the case has been registered in Thane, then Criminal Lawyers In Thane may be hired. Moreover, Criminal Lawyers In Gwalior may be appointed if the case has been registered in Gwalior. Criminal Lawyers In Shimla may be appointed if the case has been registered in Shimla.
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