I.O. has to collect the evidence (FIR).
Querist :
Anonymous
(Querist) 15 June 2011
This query is : Resolved
Can evidence not given during charge sheet prepration, be given after the charge sheet is filed and during trial?
The offence mentioned under the charge sheet should be collected by the I.O. & if doesn’t collect or not found then the charges mentioned under the charge sheet will be removed by him without the court or the higher authority permission. Is it compulsory to mention the section under the charge sheet or under the FIR. Under which the accused is booked.
Thanks
PALNITKAR V.V.
(Expert) 15 June 2011
offence is not be collected! Evidence is to be collected. Sections of the offences are quoted in the FIR and chargesheet also. If IO does not collect any piece of evidence during investigation, that piece of evidence can be tendered into court during trial, with permission. The same applies to a witness.
