KSLU Solved Question Papers
Criminal Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 7
2021 Mar (70 marks) Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2021 Mar (70 marks) Question Paper with Solutions
First published on munotes.in on 2 November 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2021 Mar (70 marks) examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2021 Mar (70 marks) examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2021 Mar (70 marks) examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Total marks 70 · 14 questions answered
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Q1What is first information report ? Explain the procedure for recording first information report with its evidentiary value.[10]
Answer
For full marks, cover: what a first information report is and how section 154 requires it to be recorded; what counts as the FIR and what does not; the rule that an FIR is not substantive evidence; its uses: to corroborate its maker (section 157 of the Evidence Act) and to contradict him (section 145), but not other witnesses; an FIR by a person who has since died (section 32); an FIR lodged by the accused, and the bar on confessions to the police (sections 25 to 27); the weight of delay and omissions; the leading cases; the matching provisions of the Sanhitas; a conclusion.
What an FIR is
The Code of Criminal Procedure, 1973 does not use the words "first information report". The phrase describes information about a cognizable offence, given to the officer in charge of a police station and recorded under section 154. If given orally, it is written down, read over to the informant and signed by him. Its substance is entered in the book the State prescribes. A copy is given to the informant free of cost. It sets the investigation in motion.
What counts as the FIR
- Only information that discloses a cognizable offence, recorded under section 154, is an FIR.
- A vague or cryptic message, such as a call asking the police to come to a scene, is not the FIR.
- Statements recorded after the investigation has begun are statements under section 161, not FIRs. Section 162 bars their use as evidence, except to contradict a witness.
- Information about a non-cognizable offence is entered under section 155 and is not an FIR.
Its evidentiary value
1. Not substantive evidence. An FIR is not evidence of the facts it states. It is not given on oath or tested by cross-examination. A court cannot convict on what the FIR says.
2. Corroborating its maker (section 157, Evidence Act). The informant may give evidence at the trial. His FIR may then be used as a former statement made at or about the time of the event. It corroborates his testimony.
3. Contradicting its maker (section 145, Evidence Act). If his evidence in court differs from his FIR, the defence may cross-examine him on it to show the contradiction and attack his credit.
4. Not for other witnesses. The FIR is the informant's statement only. It cannot corroborate or contradict any other witness.
5. If the informant has died (section 32(1), Evidence Act). The informant may later die of his injuries. His FIR may then be admitted as a dying declaration, if it states the cause of his death. It then becomes substantive evidence.
6. Part of the same transaction (section 6, Evidence Act). An FIR made at once, as part of the incident, may sometimes be relevant as res gestae.
An FIR lodged by the accused
- Confessional parts are excluded (section 25, Evidence Act). A confession to a police officer cannot be proved against the accused. This applies even if he was not in custody and the investigation had not begun.
- The whole confession goes. The court cannot pick out parts that seem harmless and admit them, if the statement as a whole is a confession.
- What survives. The formal part showing that he made the report remains admissible. So does information leading to the discovery of a fact, under section 27.
- A non-confessional FIR by the accused may be used against him as an admission, and to show his conduct.
Delay and omissions
- Delay. An FIR lodged promptly carries more weight, because there was little time to invent or embellish. Unexplained delay may raise doubt. A delay properly explained, for instance by the victim's injuries or the distance to the police station, does not.
- Omissions. An FIR need not contain every detail of the case. But the omission of a vital fact, such as the name of a known assailant, may be weighed against the prosecution.
The leading cases
Facts. In Sheikh Hasib v. State of Bihar, (1972) 4 SCC 773, decided on 23 August 1971, dacoits robbed people near Monghyr and an injured police inspector later identified the accused. The High Court treated the FIR as corroborating that witness's identification.
Held. The FIR "does not constitute substantive evidence". It can be used only as a previous statement, to corroborate or contradict its maker. It cannot be used to corroborate or contradict other witnesses. The High Court was wrong to use it that way, and the appellant was acquitted.
Why it bears. It states the limits of an FIR as evidence.
Facts. In Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119, decided on 4 May 1965, the accused went to a police station and lodged an FIR confessing that he had killed four relatives. He then led the police to the bodies and to the weapon. The courts below admitted parts of his FIR as non-confessional and convicted him.
Held. A confession to a police officer is barred by section 25, even if made before any investigation. The whole confessional statement is excluded, not just the incriminating sentences. Only the formal part identifying him as the informant, and the parts within section 27, can be proved. The rest of the evidence was not enough, and he was acquitted.
Why it bears. It governs the use of an FIR lodged by the accused himself.
Under the Sanhitas
From 1 July 2024, section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces section 154, and allows information by electronic communication. In the Bharatiya Sakshya Adhiniyam, 2023, sections 160 and 148 replace sections 157 and 145, and section 26 replaces section 32. Section 23 replaces sections 25 to 27, with the old section 27 as its proviso.
Conclusion. The FIR is the first record of a cognizable offence and the starting point of the investigation. It is not substantive evidence. It may only corroborate or contradict its maker, unless he has died and it becomes a dying declaration. If the accused lodges it, its confessional parts are wholly excluded. Sheikh Hasib and Aghnoo Nagesia fix these limits, and courts weigh any delay or omission in deciding how far to rely on it.
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