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Suraj Kumar (Manager)     28 June 2020

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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 2 Replies

Dr J C Vashista (Advocate)     29 June 2020

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.

P. Venu (Advocate)     29 June 2020

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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