How does the timing of filing an FIR impact the accused
The Supreme Court has stated that ante-timing of an FIR gives the benefit of doubt in favor of the accused. Discuss the implications of this ruling.
- Presumption of innocence: The ruling emphasizes the principle of 'innocent until proven guilty.' When an FIR is filed after a significant delay, it raises questions about the credibility and reliability of the allegations made against the accused.
- Evidence preservation: Delayed filing of an FIR can result in the loss or tampering of crucial evidence. This could weaken the prosecution's case and tilt the balance in favor of the accused.
- Influenced testimony: A delayed FIR may lead to doubts about the authenticity of witness testimony. Memories fade over time, and there is a higher chance of witnesses being influenced or coerced into providing false or manipulated statements.
- Motive and malice: Timing plays a crucial role in establishing motive. A delayed FIR raises questions about the intention behind filing the complaint and may suggest ulterior motives, such as personal vendettas or fabricated accusations.
- Fair investigation: The ruling promotes the need for a fair investigation and ensures that the accused is not subjected to undue harassment or false implications. It safeguards their right to a fair trial.
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