No Statments from accused

Anantha Sowrya (Querist) 24 March 2011 This query is : Resolved
The IO/SHO did not take any statement from the accused[me] in 498a case, except bail sigantures.

is it not mandatory, if so can we take any cognizance on the IO/SHO

please advice in this regard

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Guest (Expert) 24 March 2011
some times the police takes the signatures on the blank papers and also tell how many papers you have signed in the police custody.

Raj Kumar Makkad (Expert) 24 March 2011
There is no need to get the statement of accused by IO/SHO. Investigating Officer though has to conduct enquiry on all aspects but practically he has to collect evidence in support of allegations levelled in FIR. Moreover, the charge-sheet is not vitiated merely on the ground that the statement of the accused has not been obtained. Police has not to decide about the defence of the accused so there is no use to obtain his evidence. Accused is provided an opportunity by Courts to make his statement and if required to call/depose his evidence in detail for the rebuttal of the allegations so there is no ground to initiate any action against IO.

Sarvesh Kumar Sharma Advocate (Expert) 24 March 2011
no,
such matters generally police marck that accused not given the statement and want to give the clearification before the magistrate!

Uma parameswaran (Expert) 24 March 2011
Generally Police taken statements from complainants.

Advocate. Arunagiri (Expert) 24 March 2011
It is not mandatory to record statements of the accused.

indrajit mukhopadhyay (Expert) 24 March 2011
recording statement from accd in not mandetory and recording confession of accd is barred by law

Darshan Shah / 09892727182 (Expert) 25 March 2011
Agree with experts.

Santosh Goswami,Advocate (Expert) 25 March 2011
Not mandatory.

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