What is the section under which a witness can be name as an accused
29-Jun-2023 (In Criminal Law)
Now that a court order has been obtained to reinvestigate the matter under section 173/8, the police has send summons to the accused and witnesses to remain present in the police station to get the documents under Section 91 crpc. The accused and the witnesses are not co-operating and the IO states that he can't arrest the Accused again for the same offence. But can the IO tell the witnesses to cooperate else they can add them also as an accused as a co-conspirator as they are hiding the documents thereby aiding and abetting the accused and if yes, under what sections of the CRPC & IPC?
No, the IO cannot change the witness into accused, the IO can write an application to the court that the witnesses are not co-operating with the IO and are not present at the given time, then the court shall summon then as per its discretion. You cannot force the people to come and join the investigation.
Sir/Ma'am, you can request judge to take a strong action against the witness who are just helping the accused to delay the matter. And justice will be delayed and there is saying in law justice delayed is justice denied. Apart from that you need a good lawyer who can represent your case instead of you taking suggestion here.
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