• 156 (3) of Cr PC

Can we submit an affidavit of the witness saying that the person is a witness in a particular case of defamation when filing for 156 (3) of Cr PC in the court

Please reply whether it is in the book of law or not

What does the law say

Does the law allow me to do so
Asked 6 years ago in Criminal Law
Religion: Hindu

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9 Answers

It depends upon the offence.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

A magistrate shall examine the affidavit along with the prima facie truthfulness of the complaint before ordering an investigation against the other party

2) The Supreme Court has made it compulsory for a complainant to submit an affidavit, vouching for the veracity of the allegations, when registration of an FIR is sought from a magisterial court.

3)It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him from casually invoking the authority of the Magistrate under Section 156(3),

4) affidavit of witness is not required

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

there is no provision of law that you have to file affidavit of witness when you file complaint under section 156(3) of cr pc

2) A three Judge Bench of the Supreme Court in Devarapalli Lakshminarayana Reddy and Others v. V. Narayana Reddy and Others held as follows; “If on a reading of the complaint he finds that the allegations therein disclose a cognizable offence and the forwarding of the complaint to the police for investigation under S.156(3) will be conducive to justice and save the valuable time of the Magistrate from being wasted in inquiring into a matter which was primarily the duty of the police to investigate..he will be justified in adopting that course as an alternative to taking cognizance of the offence, himself”....

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Whilefiling apetition u/s156(3) crpc you can refer the affidaivt but can not file the same in court.

2.While considering such petition court only prima facie takes into account the allegations made in the complaint and the supporting documentary proof ,if any which include such affidavit.

3.So while hearing such petition do show such affidavit.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Sir, can u discuss with me?

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

You go and file a complaint under 156(3) and mention in the complaint itself the name of the witness, if the court will deem fir then the person will be called upon as a witness otherwise there is no need/ law for you to file an affidavit on behalf of the witness.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

For a complaint under section 156(3) cr.p.c. you may have to follow the procedures as laid down in law and not do anything on your own.

The clear position therefore is that any judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. There is nothing illegal in doing so. After all registration of an FIR involves only the process of entering the substance of the information relating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the Code. Even if a Magistrate does not say in so many words while directing investigating under Section 156(3) of the Code that an FIR should be registered, it is the duty of the officer in charge of the police station to register the FIR regarding the cognizable offence disclosed by the complaint because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter.

Please note that the defamation case can be filed by filing a complaint under section 499, 500 IPC and section 200 Cr.p.c.

T Kalaiselvan
Advocate, Vellore
84714 Answers
2172 Consultations

5.0 on 5.0

First of all you should understand the provisions of law what you refer here.

You can file a complaint under section 156(3) cr.p.c. only for seeking direction to the concerned police to initiate proper legal action on your complaint before them for taking action under section 154 cr.p.c.

The private complaint for defamation will not be covered under the said provisions what you refer herein.

You can visit the provisions of law under section 156(3) cr.p.c. properly once again before initiating any legal action under this section.

T Kalaiselvan
Advocate, Vellore
84714 Answers
2172 Consultations

5.0 on 5.0

In 156(3) you do not need to examine any witness unless the court decides to proceed under 200 CrPC. So no such affidavit has to be filed. Even otherwise, when the court examines the witnesses of the complainant under 200 CrPC the examination cannot be through affidavit.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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