F.I.R
Om Prakash Dhusia
(Querist) 20 December 2010
This query is : Resolved
Dear Sirs,is F.I.R a statement u/s 161 CrPC?
2)Is F.I.R. from the third party for an offence u/s 307 IPC against the person who was abducted, can be used as evidence against the abductors in another court?
3)Can,criminal complaint in another court by mother of abducted against the abductors on enemity about money lending can be used as evidence against the abductors whilst the case has been thrown by that court on Non-appearnace of mother, the complainant in that court?
If need be I can submit the whole story.
Kindly reply.
s.subramanian
(Expert) 20 December 2010
1.Fir is not a statement U/s 161 Cr.P.C.
2. No. It cannot be used as substantive evidence. It is not permissble in law.
3.It can be used for the limited purpose of establishing motive.
Ajay Bansal
(Expert) 20 December 2010
1.F.I.R IS NOT A STEMENT U/S 161 Cr.P.C,BUT SOME PROVISION OF EVIDENCE ACT ARE COMMON FOR BOTH F.I.R AND STEMENT U/S 161 Cr.P.C.
2.MAY BE.
3.MAY BE.
Arun Kumar Bhagat
(Expert) 26 December 2010
1.FIR is 154 Cr. P.C. So it is different from 161 Cr. P.C
2.Yes it can be used as corroborative evidence.
3.Yes it can be used as corroborative evidence.
Om Prakash Dhusia
(Querist) 27 December 2010
Mr Arun Kumar Bhagat:As I have stated earlier, the deceased Shibu attempted to kill(IPC 307) his cousin(Vijay) and an FIR was lodged by the brother(Ajay) of the victim and co-incidentally we were the witness of attempt to murder but Ajay in FIR stated that while there was dispute of money between us and Shibu and Ajay and Vijay were sympathetical to us, so attempt to murder by Shibu.We never gave any statement in that court so far and the FIR was lodged not by us but by third party.Can judge use this story as evidence of Money dispute between us and Shibu?
Om Prakash Dhusia
(Querist) 27 December 2010
Mr Arun Kumar Bhagat:I am sorry my earlier presentation has been lost in mail so here is that again:-A complain u/s 156 CrPC was lodged in 1996 by mother Mamta in another court stating that these accused are influential people so police did not take any action on my several complains hence approaching the court for money which was loaned to the accused on interest but instead of paying her back they threaten her and her family and even attempted robbery at her house.But after complain she did not turn up in the court even for a single day and in the year 1999 this case was dismissed on the grounds of "Non-appearance of the complainant".Was judge fair to use this complain as motive of abduction of her son whereas the money belonged to mother and inorder to abduct we lured her son to pay him that loaned money in her presence?
Arun Kumar Bhagat
(Expert) 31 December 2010
Mr. Dhusia your questions are not clear.Without personal sitting I won't be able to give you reply. Sorry to help you.
