Describing possible murderer in a will
Aditya
(Querist) 10 January 2018
This query is : Resolved
Suppose someone has an intangible sense that his life is under threat. And no crime has been committed, so he can't report it anywhere. But he has a sense and he knows who might try to kill him and why, and he has also seen indirect evidence. So, can he describe it in his will about what he senses, and what caused him to sense that. So that if he dies, the police investigation can proceed on that basis?
Sudhir Kumar, Advocate
(Expert) 10 January 2018
"suppose someone ..................."
please do not set question papers for students.
ask real query if any with facts
Vijay Raj Mahajan
(Expert) 10 January 2018
There is no assumption or presumption in the criminal law. The court check and examine the available evidence brought before it by the prosecution after complete investigation for proving the charges against the accused of committing offence reported. The written document where the victim had informed his being killed by someone will be investigated by Police Officer and only if the actually the person named from whom the victim had mentioned about life threat actually involved in the offence, he will be charged and prosecuted.
Guest
(Expert) 10 January 2018
Suppositions are irrelevant in law. You should know, a 'Will' is expression of the wishes a person to be complied with by the kith & kin of a person after his death, NOT a declaration of possibility of his murder. If he has any such feeling or doubt about sunch intentions of someone else, he may report the matter to the police.
SHIRISH PAWAR, 7738990900
(Expert) 10 January 2018
If you have any type of apprehension about someone may kill / harm you. In that case you can file police complaint.
N.K.Assumi
(Expert) 10 January 2018
I concurred with expert Shirish Pawar.
Guest
(Expert) 10 January 2018
@ Mr. Shirish Kumar
&
Mr. N.K. Assumi,
The querist has asked question about the contents of "WILL" and process the police would adopt after the death of a will maker, NOT about reporting what he should do now.
His question was "can he describe it in his will about what he senses, and what caused him to sense that. So that if he dies, the police investigation can proceed on that basis? "
Kumar Doab
(Expert) 10 January 2018
The citizen can even write on wall with coal/chalk , piece of paper…………about his/her apprehensions……….and even in WILL………….
However what is intended purpose or aim?
Say…………..the body to be exhumed and forensic examination be done?
Kumar Doab
(Expert) 10 January 2018
The suggestions given by Mr. Vijay Raj Mahajan, Mr. Shirish Pawar, Mr. N.K.Assumi are sound ………….
One human life is precious and if one is fearing death by murder, murderous attack one should inform his/her very able senior LOCAL counsel of unshakable repute and integrity specializing in criminal matters and having successful track record…….and police..
Aditya
(Querist) 10 January 2018
Thanks a lot for all your replies. They have given me a direction to think more.
Since there is no direct evidence, it is of no value to the police.
Maybe I put the question that it sounded hypothetical, but that's the simplest way I could present it. The case investigation could involve 3 nations. So writing the same WILL and registering is the natural process that occurred to me.
So, my first takeaway is to write in the WILL that the body should go for forensic investigation, and also detail why this request is made. And that the body should go for forensic examination. At least investigation could have a direction.
Second, inform a senior LOCAL counsel. But what does LOCAL counsel mean? Who is LOCAL counsel?
Ms.Usha Kapoor
(Expert) 11 January 2018
Yes whoever or Testator senses or apprehends someone may harm him immediately he should file police complaint, who would be caught by the police and investigation etc would be done he would be prosecuted and punished in due course of law.
Aditya
(Querist) 11 January 2018
Thank you all so much for your insightful replies. They are very helpful.
Guest
(Expert) 12 January 2018
You are welcome.
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