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HK (Job)     20 August 2024

Police statement

My relationship with my wife and her family is quite bad. I first made a complaint to the police when my wife came with her family to abuse us. Her family then started threatening that they would also call their own police. Later, my wife made false allegations via complaint at the women's police station (Mahila Thana) 600 kms away. Her intention is to make me write in a statement that I am guilty and will never make the same mistake again.Moreover, she also wants me to write that I will leave her father and stay with her only. What should I do if the women's police station forces me to write all that? 



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     21 August 2024

Any statement given before police is not enforceable in law hence you can decide whether to give statement but don't act accordingly or to deny giving any statement and challenge the case in court.

Dr. J C Vashista (Advocate )     21 August 2024

You will have to contest the complaint / case(s) filed against you, which is a pressure tactics adopted by your better-half.

It is advisable to seek professional services of a local prudent lawyer if the matter moves to Court.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 August 2024

That's correct! In India, statements made to the police are generally not admissible as evidence in court, except in certain circumstances. This is because: 1. *Section 162 of the Code of Criminal Procedure (CrPC)*: Prohibits the use of statements made to the police as evidence, except for certain specific purposes. 2. *Fear of coercion or manipulation*: Statements made to the police may be influenced by coercion, intimidation, or manipulation, which can lead to unreliable or false confessions. 3. *Lack of cross-examination*: Statements made to the police are typically not subject to cross-examination, which is an essential aspect of testing the credibility of evidence. However, there are exceptions: 1. *Dying declarations*: Statements made by a person who is dying may be admissible as evidence. 2. *Confessions*: Voluntary confessions made to a magistrate or a senior police officer may be admissible. 3. *Corroboration*: If a statement made to the police is corroborated by other evidence, it may be considered. It's essential to note that statements made to the police can still be used for other purposes, such as: 1. *Investigation*: To guide the investigation and gather evidence. 2. *Bail or remand*: To determine bail or remand.

HK (Business)     21 August 2024

Thank you so much to everyone for replying. I will give statement in mahila thanna only as per my will

T. Kalaiselvan, Advocate (Advocate)     22 August 2024

You can choose whichever appears to be better for you based on the circumstanes prevailing at your end

Sudhir Kumar, Advocate (Advocate)     12 February 2025

You hae having multiple thread with multiple partial facts 

In another thread you stated 50% gold is with you.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=236781&offset=1

what do you mean with 50% of your gold.  entire gold givne by either sides is property of wife and retention part of the same makes you criminally liable both inder IPC (cognisable andnon bailable)  and Dowry Act.

 

better not to meddle with police . 


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