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Sanket (Project Manager)     08 November 2012

Urgent reply - confession rules

Dear All,

Please advice me on the following matter.

One individual has been doing wrong propaganda about a friend of mine on internet. He created a fake facebook profile and has been contacting people who know my friend and has been spreading wrong information about him. When we filed a police complaint and confronted the person in person, he admitted to committing all his actions. We do not intend to file a FIR and register a case against him since my friend wants to avoid the hassles of court procedure. However to deter him from trying such misdemeanors in future, we plan to take a confession cum undertaking from him accepting all his wrong doings. We plan to take this confession from him infront of a registered notary in witness of his parents and his uncle (who is a retired Asst. Commissioner of Police).

My question is, in India, does such a confession would have any validity if we ever have to produce such document in Court against this person? What should we do to make the confession more valid and binding on the individual?

Thanks,
Sanket



Learning

 1 Replies

Chetan Joshi (Advisory/Advocacy)     09 November 2012

Sanket...

 

No such statement will not hold any value....It may be relevant in a future suit but the conviction will not give much importance to such previous statements.....

 

To make the statement fall under confession, there has to be an existing suit....

 

Regards...

 

Chetan(dot)7679(at)gmail(dot)com


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