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LawLearner   03 February 2024

Can a statement given by victim in front of jmfc be changed

Respected Sir/Madam,

I have one small doubt, if the victim after undergoing humiliation in court gives a statement saying that crime was not committed against her due to  pressure or fearing harm to herself and her family can change her statement later in time(what is the time frame to change the statement, what section rule provides this facility) and secondly what is the procedure to do so.

Now she has realized that instead of undergoing fear she wants to fight back crime.

Thanks,

LawLearner.

 



Learning

 7 Replies

Dr. J C Vashista (Advocate )     04 February 2024

It cannot be changed / improved / resiled / superseeded or modified.

Advocate Bhartesh goyal (advocate)     04 February 2024

No, statement  recorded by  court can't be Changed/Modified. 

Ramanathan G (Independent practice)     04 February 2024

it cannot be collected back and torn off.
move a criminal misc application in the Chief Judicial Magistrate Court, writing present incidents. he will tell get Status report from Police and pass orders.
if that order is not satisfactory, there is Appeal, Revision Writ jurisdiction.

LawLearner   05 February 2024

Respected Sir,

Thanks for your reply,

The verbal threat given can be easily backtracked(withdrawn) by the culprit saying I never said so. Also if the msic criminal is moved in Court the other party will knowingly will give more trouble. 

I would like to know what application or affidavit or something can be directly given to JMFC before the decree is passed and the new statement is taken into consideration, so things remains in JMFC control and poor girl is not threatned and she can fight the crime.

Or is there any procedure that JMFC before giving the decree ask the girl for the final time if she is aware of the judgement and the girl can say no.

Thanks,

Lawlearner.

Dr. J C Vashista (Advocate )     06 February 2024

Moot court topic for discussion.

Your tutor / coach / professor may be consulted further.

LawLearner   06 February 2024

Thanks Sir,

For your reply, but this is bit practical and urgent to help a poor girl, by the time i get  a knowledge from my professor or Moot court or any advisory it will be late for that girl, so I approached this forum for any assistance.

Regards,

LawLearner.

 

Dr. J C Vashista (Advocate )     07 February 2024

Leave the victim girl to consult her lawyer.


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