Hi, I have registered a FIR but there are clerical mistakes in the same: 1. Year of birth mentioned is incorrect - although my application didn't had mention of of DOB and no one at the Police Station confirmed the same before filling it. 2. Name initial is "Shreemati" instead of "Shreeman". I am a male. 3. There is spelling mistake in name in the application that I shared (in hindi), hence the same in applicant name in FIR. Questions: 1. How this can be corrected ? 2. Does this affect its effectiveness or validity legally?
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An FIR cannot be changed or edited once it is recorded and signed by the complainant. Section 154 of the CrPC states that an FIR must be signed by the informant even if it is made orally or in writing to the police in charge.
2) during course of investigations police can rectify error in FIR in their case diaries
The FIR can be rectified before is is presented to the court.
1. The correction of such typo errors in FIR is the duty of the police who are handling this case, you may inform them about this who will take care of it
2. This has nothing to do about hampering the complaint, the court will go by the complaint alone and may ponder over such negligible mistakes, which court itself would rectify if necessary.
- As per the Punjab and Haryana High Court , the contents of an FIR could not be amended.
- Further, there is no such provision in Criminal Procedure Code to correct or amend the the contents of the FIR,
- Hence, you can inform the I.O of the case for the said mistakes in the FIR , and before filing the charge sheet the I.O. can corrected these mistakes legally.
You can get it corrected by filing a application or in your supplementary statement. It will not affect as court will consider the clerical errors
