• Right of complainant

1) A criminal complaint submitted to EOW. IO records statement of complainant on the pretext that he is carrying prilimanry inquiry. IO has refused to give copy to complainant of statement given to the IO by the complainant. 

A) Does the Io have descreationary power to refuse recorded statement of complainant ?

B) Under which section of CrPc is the IO bound by criminal procedure to give copy of recorded statement to the complainant ?

C) What would be the legal remedy available to retrive a copy of the recorded statement of the complainant ?
Asked 7 years ago in Criminal Law
Religion: Muslim

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7 Answers

1) IO should furnish copy of recorded statement to the complainant .

2)you can acomplain to the commissioner of police if copy of recorded statement is not furnished to you

3) The informant has a right to get a copy of the F.I.R., free of cost immediately after the registration of the F.I.R (Cr.P.C., section 154(2)).

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1. IO can record the statement of the complainant but such statements ahs no evidentiary value.

2. Yes, recording of statements of complainant is the job of the Magistrate u/s 164 crpc not of IO.

3. No such provision is there.

4. Since no such copy is there at least for the consideration of court do no bother on this. If the complainant wishes to record her statements she can do so before the Magistrate for which she can send letter to the IO.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. The IO is bound to give to the complainant the copy of the statement reduced to writing.

2. Since he has not given the copy the complainant may obtain it by taking recourse to RTI Act.

3. Furthermore, at the time of the filing of the challan the IO is bound to annex the statement of the complainant, of which the certified copy can be obtained by the complainant.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Challan would be the charge sheet

Accused is entitled to copy of FIR , charge sheet filed , copy of statements recorded of witnesses

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

The IO can refuse to give the copy of the statement of the complainant.

However the accused is entitled to get a coy of the statement along with the charge sheet and other statements of witnesses etc at free of cost at the time of beginning of trial before the court.

The police will file the charge sheet and challan before the court after which the accused can obtain the copies.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Sir what challan are you talking about can you clarify please

It is called as the charge sheet.

Once the IO completes investigation, the charge sheet will be prepared and along with the charge sheet the statement of complainant and statements of other witnesses shall be filed before the court to begin the trial proceedings.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Challan is final report filed by police under sec.173 crpc.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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