In the Police, custody police take a statement from the accused. If in the pressure of police accused writes false statement, how far it is considered valid in the Court of law.
Statement taken by the police when accused is in its custody is a protected statement and it shall not be used against the accused. According to section 26 of the Indian Evidence Act, a statement recorded by a police officer from an accused under police custody cannot be admitted against the accused. An accused is fully protected from that statement because if it is admitted against the accused then the police can make a statement or even confession from the accused either by hook or crook.
An only confessional statement is protected under this section. If accused admits any fact which tends to show his guilt or involvement in the crime, then it shall be called confessional statement and it is protected under this section.
In Mohmed Amin @ Amin C.R.M.Shaikh vs C.B.I. 2008 SCC(cri): if the accused admits his guilt before the police officer either in police custody or not, it shall not be used against the accused in any proceeding. So whether the accused made a false or true statement before the police are protected. If such a statement is adduced by the prosecution it shall be discarded by the court.
Article 20(3) of the Indian constitution also protects the right of an accused to be a witness against himself. If police officer records any statement which goes against the interest of accused such statement cannot be used against the accused because it is against the principle of self-incrimination.
You should not be afraid that that statement may be used against the accused. There is a fixed procedure in respect of the recording of statement of accused. Section 164 of the code of criminal procedure laid down method for the recording of confession. Only that confession can be used against the accused. And it is also not mandatory that accused must record his confession whenever he is being produced before the Magistrate for the recording of confession.
Hello, an officer has transferred from our district who is a very good and honest officer. We are very happy because he had taken control of the crimes. But due to unfavourable with the present government he has been transferred. We have decided to file a petition before the high court for a stay of his transfer, we want to know that the public can file any petition for stay of the transfer.
Transfer and posting of an officer is the prerogative of the executive. It is an administrative order and the only executive can decide in this respect. However, in certain circumstances court can interfere but solely on the petition of the officer transferred.
Infringement of a right which is adjudicated by the court is an essential requirement for filing any suit or proceeding. A person aggrieved can file suit or seek remedy from the court.
In Sagir Ahmad vs State of Uttar Pradesh 1954 SC: the supreme court of India has held that the existence of the legal right is the foundation of the exercise of the writ jurisdiction by the court. The legal right that can be enforced must be the right of the opponent himself.
In A. Noor Khan Pathan vs State of Maharashtra 2013 (4) SCC: a stranger cannot be permitted to meddle in any proceeding unless he satisfies the court that he falls within the category of the aggrieved person.
Thus it is clear from the above discussion that a stranger, however, the general public of the city, cannot file a writ for a stay of an officer. It cannot be said that the public is the aggrieved party due to the transfer of an officer. It is presumed that every officer is honest and dedicated to the service of people.
It would be very tough for you to prove your locus standi in the writ petition, therefore it is likely to be dismissed by the court. You cannot file writ so leave this matter in the hand of the executive because it has vast power regarding transfer and posting of officers. Government is the fit authority to decide the welfare of the public and in the interest of public an officer may be transferred by the government.
Sir, my younger brother is involved in a rape case. He is falsely implicated in the crime. Now complainant is under consideration for compromise of the case and she is now ready to withdraw this case. I want to quash this proceeding because that lady, victim of this case, is ready and willing to withdraw it. How can I make a compromise in a rape case?
You cannot dispose of this case through the compromise. According to section 320 of the code of criminal procedure, the court can accept the settlement of offence which is made compoundable under section 320. The rape is a cognisable offence and punishable under section 376 of the Indian penal code. This offence is non-compoundable. Hence, you cannot compromise this case.
In Yogendra Yadav and others vs. State of Jharkhand 2014 (9) SCC: it is held by the Supreme Court of India that the offence of murder and rape cannot be quashed by a compromise in the exercise of power under section 482 crpc.
In Gian Singh vs. State of Punjab 2012 (24) SCC: again the Supreme Court of India has held that the offence involved moral turpitude and grave nature of offence like murder and rape etc. cannot be affected by quashing the proceeding because it will have a harmful effect on the society.
In Shimbhu vs State of Haryana 2014 (12) SCC: since the court cannot always be assumed that the consent given by the victim in compromise the case is genuine, there is every chance that she might have been pressurised by the accused.
Thus it is clear from the above discussion that grave offence like rape cannot be quashed by compromise. One thing is also clear that the court may always presume that consent is not free from inducement, threat, duress or promise.
In respect of offence of rape court always presumed that an Indian woman traditionally would not concoct a fake story and bring a charge of rape for blackmail or revenge. So it would be very tough to compromise in a rape case.
