When to submit the evidence ?
Querist :
Anonymous
(Querist) 21 June 2020
This query is : Resolved
After an FIR, When the investigation of a case going on and the complainant have some evidences that he wants to submit to the police.
Can the complainant directly submit this evidence to the police or I have to submit that evidence when the criminal case is in trial stage?
and
After submitting the evidence some more sections of ipc will be imposed , So to get these sections imposed on accused do I have to tell the police or the police will automatically impose these sections?
Guest
(Expert) 21 June 2020
First inform all you have in Writing to the concerned Police.
P. Venu
(Expert) 21 June 2020
You may inform the Police and leave it to their discretion whether it constitutes evidence or otherwise.
Raj Kumar Makkad
(Expert) 21 June 2020
As this is the State case so police investigating officer is master of his case and you are required to assist him tocollect entire evidence against the accused so that a full-proof case may be prepared and challan may be filed accordingly including any additional charge.
K Rajasekharan
(Expert) 22 June 2020
When investigation is going on, immediately as a consequence of lodging of the FIR and taking of cognisance by the Magistrate, the Investigation Officer has enough power and authority to collect any information orally from anyone supposed to be “acquainted with the facts and circumstances of the case” but no one can impose him what to collect and what not to collect. He should reduce the oral information into writing.
The officer should then produce the written statements (under Section 162 CrPC) to the court as part of the police report (under Section 173 of the CrPC), after including the names of the persons so acquainted with the circumstances of the case.
The investigation officer can include any document or relevant extracts on which the prosecution proposes to examine the witnesses, in the police report.
Based on the report, the prosecution can at its discretion produce the persons acquainted with the facts before the court to give prosecution evidence during the trial. Who to be produced as witness is the prerogative of the prosecution and nobody else has any say on it.
So if police officer prefers, you can provide whatever information you want to him during the investigation. It is the duty of the prosecution to produce you before the court to give evidence during the trial.
Dr J C Vashista
(Expert) 22 June 2020
You are required to extend full cooperation the investigating officer, provide all relevant documents and disclose the facts and witnesses necessary to prove the allegations levelled by you in your complaint / FIR.
SHIRISH PAWAR, 7738990900
(Expert) 22 June 2020
Hello,
You are have to submit all the relevant evidences to police during investigation. If after giving all the evidence still police did not consider the evidence in that case you can file private complaint in court and for adding the necessary section against accused.
Rajendra K Goyal
(Expert) 22 June 2020
Submit the information / proofs you have to police and cooperate in investigation.
Raj Kumar Makkad
(Expert) 22 June 2020
In addition to the wise reply of expert K. Rajsekharan it is made clear that the statements of witnesses recorded by police under section 162 Crpc during investigation cannot be used for seeking corroboration or assurance for the testimony of a witness in court. ... Such statements cannot be used for seeking corroboration or assurance for the testimony of the witnesses in court.
