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witness name to be given before accused gets arrested or after?
04-Feb-2023 (In Criminal Law)
if some1 is write fir with help of 156(3) and police did not arrest accused persons for non bailable offence like ipc 307 and etc police helping accused person they even got political support now they want to know witness name and details .......... no arrest nothing done by police....... i want to know under which crpc police saying give me witness details before i arrest? though i know even if i give details they wont be arrested
Strict action can be instituted against police if they have not taken action properly and for such they can be pulled before court of law to answer their inefficiency. You are requested to visit a lawyer and discuss your problem in detail to get better guidance.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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MY OPINION THAT i have follow you matter,i think that you have with hand many legal ways to protect yourself and your witnesses , as you have ample scope to have steps against police in action at the competent higher forum.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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Yes, police can ask for witnesses before arresting accused. During inquiry police's power is unlimited in one word. You are bound to cooperate in investigation and you or any one can not guide the way of investigation officially except the higher authority of investigating agency.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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Look, Section 307 IPC is a Section which not a simple Section. Therefore, generally Police started investigation after receiving the FIR. But if from the FIR Police found out some discrepancy, then he asked for produce witnesses before the I/O. It is their duty. Please asked your Ld. Advocate, if you file Case U/S 156(3) Cr. P.C. because, at a glance, it is crystle clear that, when a Case file u/s 156(3) Cr. P.C. then it is presume that Police did not started Case after receiving FIR. So, once again I say that, if there is no gravity in FIR, then after taking the Case from CJM u/s 156(3) Cr. P.C. and before arresting the accused Police must asked the Complainant to produce witnesses before him.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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to investigate the case witness name is required and by witness statement u/s 161 cr.p.c. I.O. will prove the case because burden of proof lies upon the complainant to prove his case himself so without witness statement complainant's case cannot be corroborate and case cannot be established and on the basis of that statement of witness P.P. incharge and Ld. court will proceed trial and convict the accused .
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Adv. Sanjoy Kumar Guha
Durgapur | 25+ Answers
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