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Amit Kumar Das (manager)     12 December 2013

Forcefully written statement

Dear Sirs,

Is there any value of forcefully written statement before the women's husband and their friends that I have committed wrong to the wife?

Is it valid in court during trail?

Kindly let me know



Learning

 3 Replies

BAALASUBRAMANNYAMM (Advocate)     12 December 2013

If you proves, such recorded statements are taken with force, it could not be stand before the court.

Laxmi Kant Joshi (Advocate )     12 December 2013

No , it has no value but you have to prove it in the court that the statement you have given is taken forcefully from you .

(Guest)

Hello, for a confession to be admissible in the court of law, it must be voluntary. It must be the outcome of a person’s own free will, inspired by the sound of his own conscience to speak nothing but truth. Extra-judicial confessions are those which are made by the party elsewhere than before a Magistrate or the Court. An extra-judicial confession has been defined to mean “a free and voluntary confession of guilt by a person accused of a crime in the course of conversation with persons other than judge or magistrate seized of the charge against himself.”

Extra-judicial confessions are generally made by a party to or before a private individual which includes even a judicial officer in his private capacity. Involuntary confession is one which made by a person either by fear of prejudice or hopes of advantage excited or held out by a person in authority or by oppression. Based on the above premises, it can be said that a statement made or signed under the influence of an external threat, force or duress or coercion, is not valid in the eyes of law. Such a statement shall not hold good in the Court of law.

Get a lawyer to help you with the case. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

 

-Regards

Advocate Pooja

www.lawkonect.com


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