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Chinese Chef (Integration Architect)     09 July 2012

Statement in police complaint as evidence.

Can contradictory statements made by opposite party in *two* different 498a police complaints be admitted in court as evidence?

Somewhere on internet, I read the following excerpt ...

"Pleadings like the complaint and the answer are not evidence. The standard practice is to conduct what is called discovery. You can ask written questions about the facts to support the allegations of the complaint, demand documents and take the depositions of the witnesses. The plaintiff is not necessarily obligated to proceed at trial with all of the claims, but you can have the witnesses and documentary evidence available at trial to disprove the claims."

If the contradictory statements in police complaints are not treated as evidence, then, what should be done to convert them into evidence admissible in court?



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 July 2012

Two contradictory complaints can be used to contradict it's maker when he/she enters the witness box as provided u/s 145 of the Evidence Act. 

Om Prakash Dhusia (HR assistant)     11 July 2012

The statement by  police is recorded during investigation u/s 161(3) CrPC in any criminal case and that is no evidence. It can only be used to contradict the maker of that statement during his evidence before the court under oath and if the witness speaks something different to what he had spoken to the police then he can be cotradicted on that particular point. Generally professional witnesses 


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