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About Independent witness in trapping cases
26-Feb-2025 (In Criminal Law)
Respected Sir,
In anti-corruption/vigilance trapping, is it mandatory to inform the DM of the concerned district before trapping or not?
Should independent witnesses be taken from the concerned district only or can they be taken by DM of any other district also?Can this be a point for quashing FIR?
Usually the process of trapping in case of Anti-Corruption is mentioned anywhere but as per the experience we have faced in all cases concerned DM is informed before the trap and for getting two independent witnesses, no this could not be raised as a point or will not help you so much. In Anti-Corruption quashing of F.I.R is possible. For mpre detail discussion can whatsapp or call us.
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Adv. Anand Mani Tiwari
Allahabad | 50+ Answers
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they can be taken after setting a trap if there u
see them taking a bribe the blue test. fir is independent fir that prevention of corruption act will tell the rules please see to find the rules regarding trapping of witnesses
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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Informing DM Before Trap: Not legally mandatory under the Prevention of Corruption Act, 1988, but some state vigilance rules may require it.
Independent Witnesses: Preferably from the same district, but can be from elsewhere if credible. No strict legal bar.
Quashing of FIR: FIR cannot be quashed solely on these grounds unless procedural lapses violate fundamental rights or cause prejudice to the accused.
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Adv. Meeta Gupta
Shahjahanpur | 25+ Answers
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Certainly, this could be a point, which can convince judge for quashing the FIR. A full review of the facts and circumstances is required before a conclusive determination or advice is given. Therefore, I would request you to please get in touch so that once I’ve gone through the material on record, I can guide you with a suggestive course of action. Thanks.
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Adv. Bihaan Pandey
Allahabad | 50+ Answers
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