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MrDinoMorea (O)     13 May 2013

Police interrogation in 498a

In 498a cases, does the court tell the cops to interrogate and torture the accused people to make them confesss if they have taken any dowry? Are police allowed to do that??? 

If such a thing happens, then what can the accused do?



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 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 May 2013

Absolutely not... the court never says so. Torturing by the police to extract any confession from the accused is absolutely illegal. On the contrary when the accused is brought before the magistrate from the PC, the court is duty bound to ask him whether he has any complaint against the police (about harrassment). If the police are torturing then, make complaint to the court, human rights commission etc.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 May 2013

Dear Querist

This is illegal and court can not pass these types of the Orders/Directions to police or any other agency.

confession before the police is not admissiable in the court

ashoksrivastava (scientist)     13 May 2013

Any statement made to police by accused during investigations carry no evidential value in court . pl refer crpc162

"162. Statements to police not to be signed: Use of statements in evidence. (1) No statement made by any person to a police officer in the course of' an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it, nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:"

regards ASHOK

SUNIL (DOCUMENTATION EXECUTIVE)     14 May 2013

if wife family doing such kind of thing , then what measure we need to take..

Anjuru Chandra Sekhar (Advocate )     14 May 2013

These things happen before the case is filed by police.  Before case is filed there will be threats from wife's family and police (colluded with girl's family) that case of 498a will be filed if it is filed heavens will fall.  The fears injected by police sink deep down into the psyche of husband and his family members.  You cannot tell police, "If you want to file, you file"....because that will be viewed as reckless attitude by them and they will be ready to take serious offence to that attitude, because that is a design to further intimidate you.  But the reality is it would be safer if they file case and produce you before magistrate than keep on negotiating with you to inject fear of filing of 498a against you.

 

The better way is to file for judicial separation/restitution of conjugal rights and bring it to the notice of the police that proceeding is initiated in civil court and the parties will attend mediation under the leadership of civil court and reconcile issues there through the mediators appointed by court.

 

Or file WP in HC seeking directions of HC to be given to police.  Relevant, the following judgment.

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

10.08.2007

Present: Mr. Keshav Kaushik, Advocate for the petitioner.

Ms. Mukta Gupta, Standing Counsel for State with

Ms. Rajdipa Behura and Mr. Akshai Malik, Adocates

W.P. (Crl.) No.1032/2007 and Crl.M.A.No. 8989/07

It is stated by the counsel for petitioner that CAW Cell was threatening the petitioner for appearance. It is made clear that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Cell. No further direction can be given by the Court in respect of respondent No. 5, who according to the petitioner has refused to accompany him. It is alleged that she was living under the influence of her parents. Earlier when she appeared in this Court, she was living with the petitioner. She refused to meet her parents at that time. If the respondent is such an immature lady that when she comes under the influence of petitioner, she refuses to meet her parents and next time when she comes under the influence of her parents, she refuses to meet the petitioner, the Court cannot help the petitioner. The petition is disposed of in above terms.

SHIV NARAYAN DHINGRA, J.

August 10, 2007

____________________________

1 Like

ashoksrivastava (scientist)     14 May 2013

Even if IO forces you to sign on any statement made under crpc 161 You can say in court that you were forced to sign and you disown it. This signed statement will carry no value . regards ASHOK
1 Like

Advocate Sastry (Advocate)     15 May 2013

The matter is fully clarified by all

BIKASH BORAH (M.A. LLB)     15 May 2013

No. absolutelly not. police cant torture to the accused persons during interogation, If it happens in rare cases it is the duty of the trial magistrate to ask accused person in the time of appearance before the court

Sudhir Kumar, Advocate (Advocate)     08 June 2013

police doe snot need such directions.  They only needa remand order.

 

confession made in custody has no evidence valud BUT recovery made on the basis of such confession is valid evidence

UDAYAGIRI MALLIKHARJUNA RAO (ADVOCATE)     11 June 2013

Dear Querist,

                                     Police doing the tourchering the accused is the illlegal one. While attending before the magistrate give a complaint to the judge about the tourchering of the police. The police had the right to do the remand the accused. Co-operate the police.  remaining all the procedure going in the court only. 


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