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This article is written by Team LawSikho. This article discusses your role after lodging the FIR.

Introduction

Generally, it is considered that any offence committed is against the state and therefore, the prosecution is the State. However, the person who files the FIR (complainant) has a continuous role to play, since the information provided by the complainant forms the base of the case. The complainant shall also be called upon to aid the police investigation by leading them towards the evidence and/or to the witnesses, or being called upon to make statements before a court or before a Magistrate as provided in Section 164 of the Code of Criminal Procedure.

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Preserving documents/evidence as stated in the FIR

A copy of the FIR filed is given free of cost to the complainant. This copy should be preserved for record purposes since the complainant can be called upon to testify based on the information provided in the FIR.

If the FIR mentions specific documents or evidence, it is necessary that these be preserved as well, since it will go to prove the authenticity of the initial complaint. For example, where the FIR filed is for the offence of cheating by being sold a fake product, documentation which was used to deceive the buyer, as well as the product itself, will need to be preserved to be able to prove an intention to deceive.

Similarly, where there is a case of theft, one would need to prove that the property belonged to the complainant in the first place and therefore, any ownership/title documents would need to be preserved.

Accordingly, depending upon the type of offence committed, any backing evidence or documents which relate to the offence or help in proving that the offence was committed should be preserved.

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