Testimony of investigating officer in evidence before family court
Prakash
(Querist) 01 July 2012
This query is : Resolved
Ld Counsels,
Wife admitted in her 161 statement that she has taken away all her articles, falsely claiming before the family court that they are still with husband, now since the IO has confirmed in her evidence that she recorded the 161 statement can these two together be used before family court. Is it mandatory to get the IO testified family court as well.
In order to prove admissions made by wife in her 161 statement recorded by IO in the criminal proceedings initiated by her, can the 161 statement along with the deposition of IO be used before the family court.
As per apex court, 161 statement are not admissible in evidence only in the trial and inquiry of the offense for which it was
recorded, the same can be used in any other proceedings (civil / criminal).
Thanks in advance.
Arvind Singh Chauhan
(Expert) 02 July 2012
I think yes I.O can be called in evidence in family court.
