FIR Drafted with Advocate’s Assistance Remains Valid and Credible: Allahabad High Court

In a significant ruling reinforcing the evidentiary value of First Information Reports, the Allahabad High Court has held that an FIR does not lose its credibility merely because it was drafted with the assistance of an advocate. The Court observed that seeking legal assistance at the stage of lodging an FIR is neither impermissible nor suspicious, particularly when the informant is illiterate or under emotional distress.

The judgment was delivered in Jagdamba Harijan v. State of U.P., Criminal Appeal No. 1841 of 2018, decided on 12 February 2026 by a Division Bench comprising Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary. While upholding the conviction for a brutal acid attack resulting in double death, the Court elaborately addressed the defence argument that the FIR was unreliable because it was written by an advocate.

This decision clarifies the legal position on three crucial aspects: delay in lodging FIR, drafting of FIR with legal assistance, and the evidentiary status of FIR in criminal trials.

Background of the Case

The case arose from a gruesome acid attack that occurred on the intervening night of 7/8 May 2014 in District Pratapgarh, Uttar Pradesh. The prosecution's case was that the accused entered the complainant’s house at about 2:00 AM and poured acid on two women, Suman Devi and Phoolan Devi, causing severe burn injuries. Both later succumbed to septicemia arising from deep burn wounds.

The written complaint (tehrir) was lodged on 9 May 2014, following which an FIR was registered under Sections 323, 326-A and 452 IPC [Sections 115(2), 124(1), 333 of BNS], later converted to include Section 304 IPC (Section 105 of BNS) after the deaths of the victims.

The trial court convicted the accused and sentenced him to life imprisonment. The appeal before the High Court primarily challenged the reliability of the FIR and the eyewitness testimony.

Defence Argument: FIR Written by Advocate is Suspicious

One of the central arguments raised by the defence was that the FIR had been drafted with the help of a lawyer who later appeared in the case. According to the appellant, this fact cast serious doubt on the spontaneity and genuineness of the FIR.

The defence contended:

• The FIR was lodged after delay.
• It was drafted after legal consultation.
• The complainant could not answer certain formal details about the contents.
• Therefore, the FIR was allegedly manipulated and unreliable.

This line of reasoning is not uncommon in criminal trials, where the defence seeks to challenge the authenticity of the earliest version of events.

High Court’s Analysis: Legal Assistance Does Not Invalidate FIR

The High Court rejected the argument in clear and categorical terms. The Court observed that merely because an FIR is drafted with the assistance of an advocate, it does not automatically become suspicious or fabricated. Particularly in rural settings, where informants may be illiterate or under emotional trauma, seeking assistance from a literate person, including an advocate, is natural.

The Court reasoned that:

• There is no legal embargo on seeking legal assistance at the stage of lodging an FIR.
• Legal aid is permissible at every stage of criminal proceedings.
• The informant in the present case was an illiterate rustic villager.
• Drafting assistance by a lawyer does not dilute the FIR’s evidentiary value.
• The only requirement is careful judicial scrutiny to ensure the absence of malice or fabrication.

The Court emphasised that FIR is not an encyclopedia of facts. It is not expected to contain every minute detail. Its primary purpose is to set the criminal law in motion.

Thus, the High Court reaffirmed a fundamental principle: suspicion cannot be based on mere technicalities when substantive evidence supports the prosecution's case.

Delay in Lodging FIR: Explained and Natural

The defence also argued that the FIR was delayed by approximately one day. The incident occurred in the early hours of 8 May, while the FIR was registered on 9 May 2014.

The Court examined the factual timeline and found that:

• The victims were immediately rushed to a local hospital.
• They were referred to the District Hospital and then to S.R.N. Hospital, Allahabad.
• The family prioritised medical treatment over lodging a complaint.

The Court held that in cases involving life-threatening injuries, providing medical aid must precede lodging of FIR. Delay for such reasons is natural and cannot be treated as fatal to the prosecution.

Relying on settled Supreme Court jurisprudence, the Court reiterated that delay in FIR is not by itself a ground to discard a prosecution case unless it indicates deliberate fabrication.

Evidentiary Status of FIR: Not Substantive Evidence

Another important clarification made by the Court was regarding the legal nature of FIR.

The Court noted that:

• FIR is not substantive evidence.
• It is only the first version that sets criminal machinery in motion.
• Minor discrepancies between FIR and testimony do not invalidate the prosecution case.
• The core test is whether material particulars remain consistent.

The complainant’s inability to recall certain formal details of the written complaint did not undermine the prosecution, especially when his examination-in-chief and cross-examination remained consistent regarding the material facts.

Credibility of Eyewitness Testimony

The High Court carefully evaluated the testimony of P.W.-1 (the complainant) and P.W.-2. It found their evidence natural, consistent and corroborated by medical and forensic reports.

The medical evidence clearly established that both victims died due to septicemic shock caused by ante-mortem deep burn injuries. The forensic report detected sulphuric acid on the recovered articles, further strengthening the prosecution's case.

The Court held that minor discrepancies regarding the source of light or incidental details did not go to the root of the case.

Motive and Direct Evidence

The defence argued the absence of motive. The Court rejected this contention, observing that in cases based on a direct eyewitness account, motive assumes secondary importance. Even otherwise, the prosecution had indicated prior harassment and threats by the accused.

Thus, both direct evidence and surrounding circumstances pointed towards guilt.

Sentencing: Life Imprisonment Modified to Fixed Term

While upholding the conviction under Sections 304, 326A and 452 IPC [Sections 105, 124(1), and 333 of BNS], the High Court exercised its constitutional powers to modify the sentence.

Taking into account:

• The appellant had undergone nearly 14 years of incarceration.
• He had no prior criminal history.
• The principles of reformation in sentencing.

The Court reduced the life sentence to a fixed term of 14 years' rigorous imprisonment. This balanced approach demonstrates judicial sensitivity towards both societal interest and reformative justice.

Conclusion

The Allahabad High Court’s decision firmly establishes that an FIR drafted with an advocate’s assistance remains valid and credible, provided it withstands judicial scrutiny on material particulars.

Technical objections cannot override substantive justice. When eyewitness testimony, medical evidence, and forensic findings consistently point towards guilt, courts will not permit procedural arguments to derail the prosecution's case.

This judgment strengthens the foundational principle of criminal law, that justice must be guided by reason, fairness, and contextual appreciation rather than rigid formalism.

In doing so, the Court has not only upheld the conviction in a heinous acid attack case but also clarified an important aspect of criminal procedure law that will guide future prosecutions and defences alike.

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