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Pinky (Housewife)     01 February 2024

Police eye witness

Can a police eye witness of an incident become an IO of a case or not? Judgement?


 3 Replies

Pradipta Nath (Advocate)     06 March 2024

The witness of an incident cannot become the investigating officer of that particular case. This is agaisnt the principle of natural justice.

1 Like

Sudhir Kumar, Advocate (Advocate)     07 March 2024

please give facs of the case.

Kartikey Tiwari   09 March 2024

in the case of Bhaskar Ramappa Madar, the matter has to be decided on a case to case basis without any universal generalisation. As rightly held by this Court in the case of V. Jayapaul, there is no bar against the informant police officer to investigate the case. As rightly observed, if at all, such investigation could only be assailed on the ground of bias or real likelihood of bias on the part of the investigating officer the question of bias would depend on the facts and circumstances of each case and therefore it is not proper to lay down a broad and unqualified proposition that in every case where the police officer who registered the case by lodging the first information, conducts the investigation that itself had caused prejudice to the accused and thereby it vitiates the entire prosecution case and the accused is entitled to acquittal.

Attached File : 1030918 20240309013443 informant being investigating officer.pdf downloaded: 7 times
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