• Tampering of date of witness statement by police

Dear Sir,

What action can be taken against police officials who manipulated witness statements dates. This is regarding my own case were statements are taken in 2013 but is shown taken in 2010 and 2011. This is sure because there is another case that initiated by complainant which statement differs.

My question is that whom shall i complain except senior police officials because they always try to save their sub ordinates. Could I write a letter directly to high court or supreme court as this actually a flaw in the system.

Thanks
Gokul G.
Asked 6 years ago in Criminal Law
Religion: Hindu

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8 Answers

1) you have to complain to senior police officers if IO has tampered with the date of recording of evidence of witnesses

2) during trial you can draw attention of court to said fact

3)don't write any letter to HC or SC in this regard

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

The statements recorded by police u/s161 crpc does not have much evidentiary value unless it is repeated by the witness in court.

So without chasing the police you should talk to the witnesses who if state in the court actual date of their statements given to police then the same will be considered valid to the court and statements recorded by policed would be discarded.

Another option is to lodge complaint with the higher officials agaisnt the IO of this case.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Hi, you can give a complaint against them to the vigilance department .. Also file a writ , against them in the high court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

You can file an application under section 340 of the CrPC before the same court to whom current case is pending. If Court finds that tempering is committed by the police officer then the police offices shall be liable for punishment under Section 193-199 of the Indian penal code.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You can challenge such amendments during the trial proceedings and can prove before the court that the amendments in the dates were taken place to facilitate the prosecution of false case.

The IO will be examined and cross examined, at that time this issue can be raised and extract the truth from his mouth

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hello,

I would not advise you to write a letter with this regard to either the HC or SC.

If the IO has tampered with the date of the evidence then you may bring the same into the knowledge of the senior police officer and then can subsequently ask the SSP to change the IO in the case.

Further such things can be bought to the notice of the court at the time of the trial.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Wait for disposal of your discharge application

2) you can complain against the IO to the commissioner of Police if IO has manipulated witness statements

3) Supreme Court has ruled that police officers are liable for prosecution on being found guilty of filing false charges against any individual despite knowing his or her innocence.

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

The section 192 will not be applicable to this situation.

The main case will take time to get disposed

If there is another case coming up you may have to face the same as per law.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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