don't want to be a wittness


Sir, My brother is selected as witness by the police in a criminal case file against his best friend. Although the accused did some mistake but my brother didn't want to a witness in that case. Police force my brother to sign in a blank paper; and write as they like and submit in court along with chargesheet. Sir, My brother did not want to be a witness in that case as he fears in court proceedings. Can my brother submit examination in chief in court stating he didn't aware about the case? Can my brother accused police for signing in blank paper forcefully during court proceedings through some advocate?
 
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Lawyer

Originally posted by : SUBRATA HALDAR
Sir,
My brother is selected as witness by the police in a criminal case file against his best friend. Although the accused did some mistake but my brother didn't want to a witness in that case. Police force my brother to sign in a blank paper; and write as they like and submit in court along with chargesheet.
Sir,
My brother did not want to be a witness in that case as he fears in court proceedings.

Can my brother submit examination in chief in court stating he didn't aware about the case?
Can my brother accused police for signing in blank paper forcefully during court proceedings through some advocate?

SUBRATA HALDAR,

Accused in the criminal case is stated to be registered "against his best friend " and he (your brother) do not want to depose as prosecution witness, who is stated to have been "selected as witness by police". Unbelievable statement. 

Further you have stated, that, "Although the accused did some mistake but my brother didn't want to a witness in that case." If the accused has committed an offence let him face consequency, why you or your brother are worried ? Let prosecution may attempt to prove the case and provide necessary evidence to bring the culprit to book and punished.

As you stated that the, "Police force my brother to sign in a blank paper; and write as they like and submit in court along with chargesheet." Unbelievable statement.

The case do not pertain to you, means you are advocating for someone else i.e., your brother, let him seek guidance if he desires/ require.

 
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Deputy Manager

Dear original querist, first of all, police never take signature of the witness on his/her statement under Section 161 Cr PC (which u apprehend that the police has taken signature of your brother on a blank sheet to do so). However, it is a very common practice of the Indian police that they do not conduct the proper investigation of any crime, but fabricate the statement under Section 161 Cr PC and then prosecution under good fsends the 'Summons' for his appearance in the Trial Court to submit his evidence. So, without hesitation the alleged witness should openly say before the trial court that he hasn't witness anything. Nobody will ask him/her as to how his/her name appeared in the police investigation report as the witness.
 
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Advocate

A witness has no option but to appear in the court. But he has the complete discretion to state(depose) truth. If confronted with any statement which he has no knowledge, he can deny.

 
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Deputy Manager

However the truth is not, which the investigation officer in the name of section 161 Cr PC records in the investigation report, and which is never signed by the alleged witness. For the knowledge of the original querist, even the statement under section 164 Cr PC is subject to scrutiny by the trial Court and whatever the alleged witness depose before the trial court, may be admissible or not admissible after cross examination by the defense lawyer. By chance, if statement under section 164 Cr PC is recorded by any Magistrate under oath, then it is totally discarded by the Trial Court. In the end, the prosecution witness cannot be compelled to state the prosecution story.
 
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