All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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42.

A, a witness to a murder, files a First Information Report ("F.I.R."), but A was in a State of shock and could not record his statement completely. Which of the following statements is the most accurate application of the principle below ?


Principle :

An F.I.R. must be viewed in the context of the circumstances within which it was given to the police, and therefore, it may not have all details.
A: The F.I.R. is invalid as A is in a state of shock, and hence, of unsound mind.
B: The F.I.R. is invalid because it does not contain all the details of the murder.
C: The F.I.R. is not the sole basis of the trial. A can record his statement with missing details during the trial, but the prosecutor or the defence may cross-question him based on the F.I.R.
D: The F.I.R. must be withdrawn and a second F.I.R. should be prepared.
E: A second F.I.R. by another person must be filed before the trial can go ahead.

The answer is: C

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Explanation

The most accurate application of the principle in this situation is :

C: The F.I.R. is not the sole basis of the trial. A can record his statement with missing details during the trial, but the prosecutor or the defense may cross-question him based on the F.I.R.

Explanation :

The principle states that an F.I.R. must be viewed in the context of the circumstances within which it was given to the police, and it may not have all the details. In this case, A filed an F.I.R. but could not record his statement completely due to being in a state of shock. It is not uncommon for witnesses or individuals reporting crimes to be in distress or shock, and this does not necessarily invalidate the F.I.R.

Option A is incorrect because being in a state of shock does not automatically render someone of unsound mind, and the F.I.R. may still be valid.

Option B is incorrect because the F.I.R. does not need to contain all the details of the murder. It serves as an initial report to inform the authorities of the incident.

Option D is unnecessary. Instead of withdrawing the F.I.R., A can provide additional details or clarify his statement during the trial.

Option E, filing a second F.I.R. by another person, is not typically the correct procedure in this situation. The existing F.I.R. can be supplemented with additional information as needed during the legal process.