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pratik   06 August 2010 at 20:33

Statements to police.

162. Statements to police not to be signed: Use of statements in evidence.


(1) No statement made by any person to a police officer in the course of' an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it, nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of' his statement, if duly proved, may be used by the accused, and with the permission of' the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872) and when any part of' such statement is so used, any part thereof' may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.

(2) Nothing in this section shall be deemed to apply to any statement failing within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of section 27 of that Act.

Explanation. An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.

Query : So as per the section 162(1) of the Crpc during the investigation process if any statement made by any person to a police officer or statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record CANNOT BE SAID AS EVIDENCE AS PER THE CRPC & INDIAN EVIDENCE ACT. Cannot be put forward in the judicial proceedings as a evidence i think this is wrong.Pls correct me if i am wrong.

Can ANY LD MEMBERS CAN EXPLAIN ME THE HOLE MEANING OF

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of' his statement, if duly proved, may be used by the accused, and with the permission of' the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872) and when any part of' such statement is so used, any part thereof' may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.

(2) Nothing in this section shall be deemed to apply to any statement failing within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of section 27 of that Act.

Explanation. An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.

Pls It is a request.

If POSSIBLE WITH THE HELP OF A EXAMPLE(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s).

Thanks In Advance.

saju sathyadevan   06 August 2010 at 20:16

About cyber law

I am an advocate dealing in taxation cases. I am residing in Bhilai, Chhattisgarh. I want to know about cyber law. Is there any recognised college nearby area of Bhilai like Raipur, Nagpur etc. Its scope and whether it is beneficial for me in my field. What is its fees structure and the cost of books.

pratik   06 August 2010 at 19:23

FIR should be registered .

If the complaint indicates a cognizable offence, an FIR should be registered by the officer-on-duty of the Police Station and investigation taken up; if the facts do not prima facie indicate commission of a cognizable offence, a complaint should be registered in the CSR (Community Service Register) and an enquiry taken up.

Query : When a fir is registered it should be complusory registrerd under CSR or any other register also it includes a civil or criminal cases. Also FIR should be registered by the officer on duty. Eg : officer on duty. constable is also include or any qualifications is required to take & registered the FIR.

Thanks In Advance.

pratik   06 August 2010 at 19:10

compoundable offence.

1) In the compoundable offence "the complainant is having liberty to take complaint back against the accused person" It means settlement between the parties. In the non-compoundable offence, there is no such provision/permission is granted.

2) What is the process of taking away the the non-compoundable offence if the complainant want to take away the complaint back against the accused person.

As per section the point 1 says.

Thanks In Advance.

Anonymous   06 August 2010 at 19:06

498a is not an offence

no conviction for an offence under 498A i want recent judgement of supremecourt on the 49a is no offence

pratik   06 August 2010 at 18:41

After registering a complaint.

(b) After registering a complaint of a cognizable offence, a copy thereof must be given to the complainant free of cost.

(c) In case of non-cognizable offences the police do not have a right to investigate the complaint without the orders of the Court.

Query : 1) So as per the point b we can say that if the offence is non-cognizable offences than the person who file a complaint have to pay the cost for a copy. If yes what are the fees to be paid to whom & if paid late they any interest or any kind of action.

2) As per point b & C we section says the above mentioned points mentioned under the point b & c.

Thanks In Advance.

Anonymous   06 August 2010 at 17:46

STAMP DUTY ON GIFT DEED

I want to know that it is mandatory to make a gift deed if we are giving gift to somebody or Is dat gift deed require stamp duty ? Further I also want to know that If I am making Gift , say in 2001 but getting that gift dded registered in 2010 w.e.f 2001, than this gift deed is valid ?

Daksh   06 August 2010 at 17:00

WHAT WE ARE AFRAID OFF?

DEAR ALL,

TIME AND AGAIN GOVERNMENT AFTER GOVERNMENT HAVE FAILED TO SOLVE THE KASHMIR IMPASSE PROBLEM - WE (BOTH INDIA AND PAK GOVERNMENT AND ORDINARY CITIZENS) HAVE FAILED (OR RATHER ABUSED) THE RIGHT OF PEACEFUL LIFE AND COEXISTENCE ON EITHER SIDE OF BORDER. MY QUESTION TO LCI BRETHEREN IS "WHETHER WE DO NOT HAVE ANY FAITH IN INTERNATIONAL COURT OF JUSTICE OR WAITING FOR THE DAY WHEN WE WILL HAVE VETO RIGHT IN UN" - OR CONTINUANCE OF THIS PROBLEM IS ON ACCOUNT OF LACK OF FORSIGHTEDNESS - OR THE CASE IN HAND IS AN ADMISSION OF FAILURE OF DIPLOMACY AND AN UNENDING WAIT FOR OPPORTUNATE MOMENT WILL CONTINUE TO CAST MISERY FOR COMMON PERSON IN KASHMIR?

KINDLY COMMENT

BEST REGARDS

DAKSH

Smruti Shah   06 August 2010 at 15:45

summary

Dear Sir,
I filed summary suit against limited Company ,limited company filed application in Sick industries Company Act,and filed ciatation of supreme court that is no recovery matter is continued of pending case in Board of sick Industries.

Kindly give me suggation what can I Do? If any ciatation against this ciatation.

Thanks All
Smruti

Nehal Adsul   06 August 2010 at 15:42

Agreement/Sale Deed Copy under RTI

Dear Experts,

I need to obtain a Copy of the Sale Deed/Agreement of a Property registered with the Sub-Registrar, Thane.

I know the NAMES of the OWNERS & the complete POSTAL ADDRESS where the property is situated and also the PERIOD in which the property was registered.

Would this information be sufficient to obtain a Copy of the Sale Deed/Agreement from the Sub-Registrar Office?

If NOT, what other information would be essential for drafting this RTI Application??

THANK YOU.