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Article Published in the Express Magazine Dated
February 10, 2002
General Attorney : Rajiv K. Luthra
Is there a time limit within which a First
Information Report may be filed at the police?
What happens if there is a delay in filing the
complaint?
S.K. Kapoor, New Delhi
Since a criminal offence is considered an inquiry
caused not only to the person but also to the
society, prosecution in criminal matter is
generally launched by the State. The First
Information Report (FIR) is a report relating to
the commission of an offence given to the police
and recorded by it under Section 154 of the
Criminal Procedure Code ("Act"). As observed by
the Hon'ble Privy Council the receipt and
recording of the FIR by the police is not a
condition precedent to the setting in motion of a
criminal investigation. Nor does the statute
provide that an eyewitness can only make such
information report. An FIR is not even considered
a substantive piece of evidence. It can only be
used to corroborate or contradict the informant's
evidence in court. But this information when
recorded is the basis of the case set up by the
informant. Therefore, the Hon'ble Court held that
no duration of time in the abstract can be fixed
as reasonable for giving information of a crime to
the police, the question of reasonable time being
a matter for determination by the court in each
case. Mere delay in lodging the first information
report with the police is not necessarily, as a
matter of law, fatal to the prosecution if the
delay is explained to the satisfaction of the
court. But it is very useful to record before
there is time and opportunity to embellish or
before the informant's memory fades.
However, a period of limitation has been
prescribed under Section 468 of the Act. According
to this section no court shall - except as
otherwise provided elsewhere in the Act - take
cognisance of an offence after the expiry of
period of limitation specified therein. The period
of limitation is prescribed under the Act and is
dependant upon the amount of fine prescribed or
duration of the term of imprisonment under the Act
for the offence complained of. Although, the Court
is enjoined not to take cognisance of an offence
specified after the expiry of the period of
limitation, it can be exercised if the Court is
satisfied that the delay has been properly
explained or it is necessary to take cognisance in
the interests of justice.
What are the kinds of immunities extended to
diplomatic agents in the foreign countries they
visit?
Neha Chaudhary, Ghaziabad
The jurisdictional immunities of diplomatic agents
are set out in the Articles of the Vienna
Convention on Diplomatic Relations, 1961
("Convention"). To give effect to the Convention,
India formulated the Diplomatic Immunities
Privileges Act, 1964, which essentially deals with
the diplomatic privileges and immunities as set
out in the Convention. As per these, diplomatic
agents enjoy absolute immunity from criminal
jurisdiction of the receiving state, and immunity
from its civil and administrative jurisdiction
except in the case of: a real action relating to
private immovable property situated in the
territory of the receiving State, unless he holds
it on behalf of the sending State for the purposes
of the mission; an action relating to succession
in which the diplomatic agent is involved as
executor, administrator, heir or legatee as a
private person and not on behalf of the sending
State; an action relating to any professional or
commercial activity exercised by the diplomatic
agent in the receiving State outside his official
functions.
This immunity of diplomatic envoys extends not
merely to their own persons, but to their suite
and members of their family forming part of their
household, provided that they are not nationals of
the receiving state. The principle on which the
jurisdictional immunity of a diplomatic envoy is
based is that he should be free to perform
official business on behalf of his country,
without disturbance, interference or interruption.
The immunity, if any, is from suit, not from
liability.
It should be emphasized that the immunity of
diplomatic envoys is applicable in respect of acts
in their private, as well as in their official
capacity.
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