Charges
Dheeraj
(Querist) 12 April 2013
This query is : Resolved
Police report (section 173) has contains (evidence) only supplied by a private detective agency and police accepted in final report.Court can frame any charge on the basis of this final report and self discloser of accused in police custody infront of the witness constables.
Navinchandra N.Majithia vs State Of Meghalaya And Others C on 16 October, 2000
The Code does not recognise private investigating agency. If any person is interested in hiring any such private agency, he may do so at his own risk and cost, but such investigation would not be regarded as investigation made under law. Any evidence collected in such private investigation and any conclusion reached by such investigators cannot be presented by Public Prosecutor in any trial. Of course it may be possible for the defence to present such evidence. In this context, we may refer to a recent decision of this Court R.Sarala vs. TS Velu [2000 (4) SCC 459]. This Court said that even a Public Prosecutor cannot be officially involved during the stage of investigation. The following observations made by this Court in the said decision will be useful:
Devajyoti Barman
(Expert) 12 April 2013
Post this in Forum.
Here discussion on a topic or citation is not done.
R.K Nanda
(Expert) 12 April 2013
go to forum.
Raj Kumar Makkad
(Expert) 13 April 2013
Your conclusion summarized in the post is accurate and none has any view against this legal position.
