161 cr.p.c.
dev kapoor
(Querist) 19 July 2012
This query is : Resolved
My brother is an advocate.He is representing accused(defending).Police has produced charge sheet.The accused has a CD in his possession which shows another police personnel/complainant saying loudely that IGP & SSP prompted him to lodge a false FIR against accused as they want to illegally gain out of it/harassment of accused.Now,after presenting charge sheet, case stands committed to SJ but I.O. has issued a notice asking my Bro to appear at P/S for making a statement under section 161 cr.p.c. on the` excuse of further investigation.
What shall my Bro do? Apply H.C for quashing u/s 482 or file a WP ?LAW?
Please guide with reference to law.This is a special kind of case.My Bro advocate is` bound not to disclose any information passed on to him by accused & has to maintain confidentiality ?
Nadeem Qureshi
(Expert) 20 July 2012
Dear Querist
the police notice is illegal and your brother is not bound to give ant statement or dis clause any facts of his client. send a legal notice/reply of this police notice and claim compensation.
Feel Free to call
Nadeem Qureshi
(Expert) 20 July 2012
161. Examination of witnesses by police.
(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to such case Put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.
dev kapoor
(Querist) 20 July 2012
Mr.Nadeem,
I am afraid I cannot understand how have you sought help for S.161 when the words in (1) "may examine orally any person supposed to be acquainted with the facts" read with words "Such person shall be bound to answer" in sub-section2,make it incumbent that he has to appear before police & is BOUND to make statement.Plesase guide me under what provisions of Law shall my Bro send a NOTICE referred to in your 1st reply?
Ravikant Soni
(Expert) 21 July 2012
If the accused has a CD in his possession as to falsely implication on him then why did he be silent so far? He should have handed over Higher police official or to go for other legal action.
Well now abt you query. Why the IO wants to take statements of your lawyer brother you didn't mentioned. By the way a lawyer can not be under investigation as to the questions regarding communication between him and his client. Sect 126 and 129 of IE Act protects a lawyer from such examination.
