Cr.p.c provision

shiva (Querist) 15 March 2015 This query is : Resolved
Dear Experts, i have a query for cr.p.c provision. Is there any provision in law that a person can send complaint and statement by email and IO can register and file chargesheet on the basis of said documents u/s 506 ipc. what is the validity of said documents in law and how to challenge this statement.please suggest any court judgement regarding the same.

Thanks and regards

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Devajyoti Barman (Expert) 16 March 2015
This type of procedure is not adopted in india as yet.

shiva (Querist) 16 March 2015
thank you Mr Burman, Is there any judgement regarding the same query that will help me to challenge the proceeding.

santhosh.g. (Expert) 16 March 2015
to the police u can file complaint through e.mail.or u can file complaint on the concerned state police web site. after receipt of the complaint department will issue an acknowledgement. it is a valid document. the statement u/s 161 cr.p.c investigation officer will record your statement u/s 162 cr.p.c. there is no provision to give statement through mail . there is no practice to file complaint through mail before the court

Jayaraj Poojari (Expert) 16 March 2015
1. Is there any provision in law that a person can send complaint and statement by email and IO can register and file chargesheet on the basis of said documents?

Expert Santhosh.G has explained the query.
2. what is the validity of said documents in law?
It is legally valid since a complaint (FIR) has been duly registered and statement under section 161 obtained in person.
3. How to challenge this statement?
You may challenge the statement in the same manner as you challenge the statement under section 162(1) of the Cr.P.C.- meaning you can cross-examine the Prosecution witness based on the facts stated under sec. 161.

Rajinder KumarAhuja9990725300 (Expert) 16 March 2015
It is simple case which does not require any rulings etc.The email is a valid medium of bringing some act or omission which is an offense under the law of the land, to the knowledge of the police. It has come to their notice and if the act amounts to the commissioning of a cognizance offense, they are duty bound to take action. In your case they have taken action. Now it is up to you to convince them that their action is not justified.Otherwise after filing of the Callan in court, you can cross the evidence . But that is a very lengthy process.Better contact a criminal lawyer of your area who will be in a position to buy justice for you.