ys_peace 29 July 2017

498a chargsheet report submitted without signatures

Hello All,

1. I have obtained certified copy of Chargsheet report(cs report) (498A/406 case), where signatures of witnesses on their statements are missing. Only informant has signed her FIR statement.Only IO has his signatures on all statements.

2. Is it mandatory/compulsary to have signatures of all persons in cs report whose statements have been recorded?

3. Can I raise this issue at the time of charge frame? I fear that witnesses may change their statements in court.

Reply Follow

6 Replies

Sachin (N.A) 30 July 2017

The signatures of witnesses are not mandatory in chargesheet. Yes witness may change their statement in court that is why parties need to cross examin them to get truth out of them

1 Like

Advocate Bhartesh goyal (advocate) 30 July 2017

Statements recorded by police authorities are not required to be compulsory signed by witnesses.these statements are part of charge sheet and useful for prosecution to prove the offense.

ys_peace 31 July 2017

Thanks adv Sachin and Adv Bhartesh for clarification.

Sachin (N.A) 31 July 2017

Originally posted by : ys_peace
	Thanks adv Sachin and Adv Bhartesh for clarification.

Just to make it clear that I'm not an advocate.

ys_peace 01 August 2017

Thanks for the meaningful replies.

I have one more connecting question related with 498A -Evidence stage:

1.What sequence is mandatory or compulsary for the evidence stage:

a.Informant statement in court then her cross

b.PW2 will give statement then PW2's cross by defence councel,

PW3 will give statement then PW3's cross by defence councel,

& so on...

a. Informant (PW1) ,Pw2,Pw3,...etc will record their statement in court and then

b.PW1,PW2,PW3,...,cross will happen one by one, respectively?

2. Also, If Defence lawyer needs some more time to gather proofs and then take cross, then can he(lawyer) ask for next date for cross of informant?

Thanks in advance.

Sachin (N.A) 01 August 2017

Court will follow its procedure of Examination in chief of PW1 and then its cross examination, yes you can request judge to defer the cross examination So first you can do preparations for cross examination.

Practically, judges due to over work load themselfs defer cross examination. Thats why criminal cases take long time to decide.