To defend the False Charges by getting certified my recordings
3 years ago
I am the Accused who is falsely implicated u/s 332,353 of IPC by the Police Constable (because of his Ego problem or Maybe monetarily settled with bank Officials, when I denied him to show my Smartphone's Audio and Video Recordings against the Bank staffs telling him that he is not a right person & I will only show all to his seniors). So please tell me Can Accused ask for Evidences like CCTV footages, Call Records, etc which I had asked under RTI act, 2005 but denied by Both Bank and Police ? And how can I get Certificate for all my electronic Evidences u/s 65B of Indian Evidence Act, 1872 ?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Being part of the Right to Life, the Right to Fair Trial has been codified under Article 21 of the Constitution of India, 1950, and further detailed in the Code of Criminal Procedure, 1973 (CrPC). Section 207 of the CrPC talks about the supply of “documents” to the accused to enable him to prepare his defense. It mandates that the accused be provided copies of the police report, the FIR recorded under Section 154 CrPC, confessional statements etc.
Section 3 of the Indian Evidence Act, 1872 elaborates that a “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.
Therefore yes, the accused has a right to get a copy of such evidence. Only a magistrate can decide against it.
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False cases can be quashed by the High Court under section 482 CrPC. Persons making such claims can be punished under Section 482 CrPC.
The police have discretionary powers to not share information regarding ongoing cases. A local lawyer can assist you with this.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
Details of ongoing investigations are generally not published as they could hamper the prosecution. A lawyer will have to assist you with this, an application must be made for the same over the course of the proceedings. False cases can be quashed by the High Court under Section 482 CrPC.
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