Who is to be the complainant?
MohammedRaffiq Bijapur
(Querist) 15 April 2012
This query is : Resolved
Please tell what is the law as regards the FIR in the following case.
A person comes to police with a weapon in his hand and states that he has killed his wife suspecting her fidelity and ready to plead guilt of the crime.
under circumstances who will be the complaint?
what is the credibility of the statement given by the husband-accused?
whether the statement is complaint or confession statement?
Shonee Kapoor
(Expert) 15 April 2012
Hmmm,
In this case, the husband would be the complainant.
However, unless his statement is thereafter recorded under 164CrPC, it can not be treated as confessional statement for conviction.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 15 April 2012
The Police itself can be complainant namely the person who would record his statement.
Confession made before the Police has no evidential value unless the same is repeated before the Magistrate.
Adv.R.P.Chugh
(Expert) 15 April 2012
1. Accused is the informant.
2. FIR has no evidentiary value as it's a confession made to a police officer (inadmissible by virtue of S.25 Evidence Act).
3. However the conduct of accused registering FIR is relevant u/s 8 of the Evidence Act, though having little evidentiary value.
4. In such cases there would also be a recovery i.e disclosure statement.
However conviction is difficult to secure just recovery (S.27 Evidence Act) and it would result in an acquittal without anything more.
See Aghnoo Nagesia v. State of Bihar - 1966 SC
Deepak Nair
(Expert) 16 April 2012
Nothing left to add to the perfect reply from Bharat.
M/s. Y-not legal services
(Expert) 16 April 2012
the state should be the complainant..
the confession of the husband may be recorded., but he can not be the complainant..
-tom-
venkatesh Rao
(Expert) 16 April 2012
Police treat the statement of the person as information and register a suo moto case and proceed further. The person who register the case and proceeds to the spot becomes complainant and he has to inform the higher ups and transfer the case to another investigating officer.
