This article talks about Quashing of FIR for being based on illegally obtained statements
Introduction
In India, the quashing of FIR (First Information Report) is a legal remedy available to individuals who have been falsely implicated in criminal cases. One of the grounds for quashing an FIR is if it is based on illegally obtained statements. This article will explore the legal provisions and procedures for quashing an FIR on such grounds as per Indian law.
Quashing of FIR for being based on illegally obtained statements as per India Law
Legal Provisions for Quashing of FIR
Under Section 482 of the Code of Criminal Procedure (CrPC), the High Court has the inherent power to quash criminal proceedings if it is satisfied that such proceedings are an abuse of the process of the court or that the FIR is based on false, frivolous, or vexatious allegations. The Supreme Court has also recognized that an FIR can be quashed if it is based on illegally obtained statements.
Illegally Obtained Statements
Illegally obtained statements refer to those statements that are obtained through coercion, torture, inducement, or any other unlawful means. The Indian Evidence Act, 1872, prohibits the use of such statements as evidence in court. If an FIR is based on illegally obtained statements, it is a violation of the accused’s fundamental rights and undermines the fairness of the criminal justice system.
Procedure for Quashing an FIR based on Illegally Obtained Statements
If a person believes that an FIR has been registered against them based on illegally obtained statements, they can file a petition before the High Court under Section 482 of the CrPC. The petitioner must provide evidence to demonstrate that the statements were obtained unlawfully. The court will then examine the evidence and determine whether the FIR should be quashed.
FAQs on Quashing of FIR for being based on illegally obtained statements
1. Can an FIR be quashed if it is based on illegally obtained statements?
Yes, the High Court has the inherent power to quash criminal proceedings if it is satisfied that the FIR is based on illegally obtained statements.
2. What are illegally obtained statements?
Illegally obtained statements are those obtained through coercion, torture, inducement, or any other unlawful means.
3. Can illegally obtained statements be used as evidence in court?
No, the Indian Evidence Act prohibits the use of illegally obtained statements as evidence in court.
4. What legal provisions govern the quashing of FIR in India?
The quashing of FIR is governed by Section 482 of the Code of Criminal Procedure.
5. What is the procedure for quashing an FIR based on illegally obtained statements?
The petitioner must file a petition before the High Court and provide evidence to demonstrate that the statements were obtained unlawfully.
6. Can the Supreme Court quash an FIR based on illegally obtained statements?
Yes, the Supreme Court also has the power to quash criminal proceedings if it is satisfied that the FIR is based on illegally obtained statements.
7. Is quashing an FIR the same as acquittal?
No, quashing an FIR means that the criminal proceedings are terminated, but it does not amount to an acquittal of the accused.
8. Can a person file a petition for quashing an FIR without evidence of illegally obtained statements?
Yes, a person can file a petition based on their belief that the statements were obtained unlawfully, but it is advisable to provide evidence to support their claim.
9. What are the grounds for quashing an FIR under Section 482 of the CrPC?
The High Court can quash criminal proceedings if it is satisfied that such proceedings are an abuse of the process of the court or that the FIR is based on false, frivolous, or vexatious allegations.
10. Is quashing of FIR a common remedy in India?
Quashing of FIR is a legal remedy available to individuals who have been falsely implicated in criminal cases, but it is not a common occurrence.
11. Can a person be compensated for the wrongful registration of an FIR?
Yes, if a person has been falsely implicated and the FIR is quashed, they can seek compensation for the mental agony and loss of reputation suffered.
12. What is the role of the police in quashing an FIR based on illegally obtained statements?
The police are required to provide the court with all relevant information and evidence regarding the registration of the FIR and the statements obtained.
13. Can a person file a petition for quashing an FIR after charges have been framed?
Yes, a person can file a petition at any stage of the criminal proceedings, including after charges have been framed.
14. Can the accused be arrested if the FIR is quashed?
If the FIR is quashed, the criminal proceedings are terminated, and the accused cannot be arrested based on the quashed FIR.
15. What is the role of the public prosecutor in quashing an FIR?
The public prosecutor represents the state in criminal proceedings and may oppose the quashing of the FIR if there are valid grounds to do so.
16. Can a person file a petition for quashing an FIR in a lower court?
No, the High Court has the inherent power to quash criminal proceedings under Section 482 of the CrPC.
17. Are there any limitations on the High Court’s power to quash an FIR?
The High Court’s power to quash criminal proceedings is discretionary and must be exercised judiciously.
18. Can a person file a petition for quashing an FIR on behalf of someone else?
No, only the person against whom the FIR has been registered can file a petition for quashing the FIR.
19. Can the accused be forced to give a statement to support the quashing of the FIR?
No, the accused cannot be compelled to give a statement in support of the quashing of the FIR.
20. Can the police investigate the allegations in the quashing petition?
Yes, the police may be directed by the court to investigate the allegations made in the quashing petition.
21. Can the accused be represented by a lawyer in the quashing proceedings?
Yes, the accused has the right to be represented by a lawyer in the quashing proceedings.
22. Are there any time limitations for filing a petition for quashing an FIR?
There are no specific time limitations for filing a petition for quashing an FIR, but it is advisable to file it at the earliest opportunity.
23. Can the accused seek damages for the wrongful registration of the FIR?
Yes, if the FIR is quashed, the accused can seek damages for the wrongful registration of the FIR.
24. Can the quashing of an FIR be challenged in a higher court?
Yes, the decision of the High Court to quash an FIR can be challenged in the Supreme Court.
25. Can the accused seek the expungement of their name from records after the quashing of the FIR?
Yes, the accused can seek the expungement of their name from records after the quashing of the FIR to restore their reputation.