Samreen (None) 09 January 2011

Urgent help on case undersec 306

I had given my statement more than a year ago in Mumbai for a case filed under section 306 where a guy commited suicide and his wife was being charged for the abetment of suicide. I was one of the witnesses since the accused was my colleague. While i gave my statement to the police, i had omitted an important point which i asked the officer to add after i had signed on the statement. Now, I am not sure whethe this change as been made or not.

Now the case is being re-investigated and i am asked to give my statement again. I dont want to be inconsistent in my statement and hence want to see it before giving a re-statement, so i dont lose credibility. is it possible for me to ask for my statement from the police? can my lawyer or anybody else collect the copy of the statement on my behalf? Also, can there be any harm in asking for the statement?

Kindly help urgently as i have to appear on Monday, jan 10th

P.S. Last time i gave the statement, i didnt not take my copy from the police, i did not know the witness gets a copy.

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1 Replies

Samir Jha (Advocate) 05 February 2011

Dear Samreen,

First of all, do not panic. The statement are recorded by police offiicials u/s 161 Cr.Pc and the only purpose it can be used is for is for contradicting the witness if you resile from your statement in court.

Keep it in mind, even if you deviate from your previous statement made before police, it will not make you guilty of offence of giving false statement and the portion deviated will be confronted by you in the court by Public Prosecutor. If you remember making that statement you just have to admit it. What matters is the deposition given by you before court. Before you will be produced as a witness you will get a chance to see the statement.

As the statement has been given long ago, you can always say in your subsequent statement that police officials have already recorded your statement previously and state only what you can remember presently. There is no harm and no injury to your credibility. You need not worry on the same.