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witness statement options to IO
11-Sep-2023 (In Criminal Law)
I'm a complainant in a criminal case . fir registered in police station. Can witness in this case give their statement through a letter or affidavit to the investigation officer. witness cannot travel because of travelling restrictions due to covid . they are out of station and in another state. what are the options available for giving statement as a witness
Once FIR gets lodged, Matter goes to Court. So, if Witness wants to give his/her Statement before the Court, then he/she can put forth his/her Statement through Video Conferencing or can submit a Written Statement in Court if the Court agrees so.
If the Chargesheet has not been filed & Police wants to take the Written Statement of the Witness as part of the Investigation, then Police can do so, but Police cannot compel him to sign on that Statement. Even, if the Witness signs on his Statement which he has submitted to Police, it will not hold legal value in court except under special statutes like NDPS.
Testimonies given by the Witnesses in Court in Criminal Cases after lodging of FIR on Affidavit and/or by appearing in Witness Box after solemnly affirming on oath are legally valid and acceptable as Evidence.
If the Chargesheet has not been filed & Police wants to take the Written Statement of the Witness as part of the Investigation, then Police can do so, but Police cannot compel him to sign on that Statement. Even, if the Witness signs on his Statement which he has submitted to Police, it will not hold legal value in court except under special statutes like NDPS.
Testimonies given by the Witnesses in Court in Criminal Cases after lodging of FIR on Affidavit and/or by appearing in Witness Box after solemnly affirming on oath are legally valid and acceptable as Evidence.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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