Tapinder Singh v. State of Punjab

Facts

• Murder case where the prosecution relied on the FIR to prove facts stated therein.
• The informant's testimony at trial differed from the FIR in material particulars.
• The question of whether FIR could independently prove facts arose.

Issue

1. Whether FIR is substantive evidence of the facts stated therein.

Held

• FIR is not substantive evidence. It is not made on oath and is not subject to cross-examination at the time of recording.
• It can only be used to corroborate the maker (S.157 Evidence Act / BSA) if testimony is consistent.
• It can be used to contradict the maker (S.145 Evidence Act / BSA) if testimony departs from FIR.
• Its primary value is as the earliest version of events, recorded closest to the time of occurrence.
• FIR by the accused may be admissible as an admission.

Ratio Decidendi

Evidence in criminal law must satisfy minimum reliability standards: oath, cross-examination, judicial presence. FIR lacks all three. It is recorded by police (not judicial officer), not on oath, and the informant is not cross-examined at that stage. Therefore, it cannot independently prove facts but serves the valuable function of testing consistency.