Effect of confessional Statement written on letterhead in front of police
4 months ago
What action can I take against the Petitioner who took my Confessional Statement in a false criminal case on their letterhead at a police station and in front of police officials.
Here it is pertinent to mention that my case is stayed by High Court and belongs to the repealed Section 66A of the IT Act, 2000. If the confessional statement is believed to be true even then there is no offence constituted against me.
A.Dear Client,
Section 164 Cr PC deals with the recording of statements and confessions at any stage before the commencement of an enquiry or trial. Under Section 25 of the Indian Evidence Act, 1872, a confession to a Police officer is inadmissible in evidence, and hence when an accused person confesses during the Police investigation the Police frequently get it recorded before a Magistrate u/s. 164 Cr. PC, and it can then be used to the extent to which it may be admissible under
the Indian Evidence Act. So, in view of the above proposition of relevant law, a confessional statement recorded by the Petitioner or Plaintiff himself in the business letter head even before a police officer at the police station shall not be admitted as evidence against the person who confessed the statement. Sec.209 of IPC says that whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. As per Sec.193 of the Indian Evidence Act, whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;. Apart from the above legal action as available u/s.209 IPC and Sec,193 of Evidence Act, you may file a counter suit under Sec,500 IPC for defamation against the concerned person/petitioner. Reach out to an Advocate for guidance and steps.
Section 164 Cr PC deals with the recording of statements and confessions at any stage before the commencement of an enquiry or trial. Under Section 25 of the Indian Evidence Act, 1872, a confession to a Police officer is inadmissible in evidence, and hence when an accused person confesses during the Police investigation the Police frequently get it recorded before a Magistrate u/s. 164 Cr. PC, and it can then be used to the extent to which it may be admissible under
the Indian Evidence Act. So, in view of the above proposition of relevant law, a confessional statement recorded by the Petitioner or Plaintiff himself in the business letter head even before a police officer at the police station shall not be admitted as evidence against the person who confessed the statement. Sec.209 of IPC says that whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. As per Sec.193 of the Indian Evidence Act, whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;. Apart from the above legal action as available u/s.209 IPC and Sec,193 of Evidence Act, you may file a counter suit under Sec,500 IPC for defamation against the concerned person/petitioner. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
It is very common in our democratic country that police officials often take money from one party and file false FIR.
First things first. Hire an advocate who specializes in criminal law and move an application before Hon’ble High Court for quashing the FIR against you. An application can be moved by you with the help of lawyer/advocate under Section 482 of the Cr.P.C. for quashing the FIR.
Secondly, you can also file an application before the district & sessions court for dismissal of complaint against you. Once, the complaint is dismissed against you by the Sessions Court or High Court, then you can move an application before the Court for prosecution of the person who allegedly filed that bogus FIR.
Filing a false FIR is a punishable offence under Section 182 and Section 211 of the Indian Penal Code. In addition to this, you can also prosecute the false informant or complainant under Section 500 of the I.P.C. for defaming you.
Thankyou.
It is very common in our democratic country that police officials often take money from one party and file false FIR.
First things first. Hire an advocate who specializes in criminal law and move an application before Hon’ble High Court for quashing the FIR against you. An application can be moved by you with the help of lawyer/advocate under Section 482 of the Cr.P.C. for quashing the FIR.
Secondly, you can also file an application before the district & sessions court for dismissal of complaint against you. Once, the complaint is dismissed against you by the Sessions Court or High Court, then you can move an application before the Court for prosecution of the person who allegedly filed that bogus FIR.
Filing a false FIR is a punishable offence under Section 182 and Section 211 of the Indian Penal Code. In addition to this, you can also prosecute the false informant or complainant under Section 500 of the I.P.C. for defaming you.
Thankyou.
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A.Dear Sir,
Section 27 in The Indian Evidence Act, 1872
27. How much of information received from accused may be proved.—Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.
Section 27 in The Indian Evidence Act, 1872
27. How much of information received from accused may be proved.—Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.
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