The signature obtained by police in wps has no legal value as anything recorded in presence police is inadmissible in evidence in any Court under Section 26 of Indian Evidence Act, 1872. The statement cannot be used by police or wife against you as if the same is produce, police will be in trouble. You can file an RTI application but police will reject the same stating there is no such statement recorded. This statement will only prove that police are against you and taking instructions from wife. police will not use this statement in any Court. It only for creating fear in you. It will not affect your chances of anticipatory bail application. There is no need to draft any mou/agreement.
CAW Cell forced to sign assurance letter
My wife filed complaint at CAW cell Hyderabad alleging physical and verbal abuse on 498a grounds. I was not shown complaint, but there are photos and a medico legal for non major falsely blamed. At wps we agreed to resume marital relation after 2 months. We are Hindu and have a small child. However SHO forced me to sign a assurance letter that "whatever is stated in the petition I will not repeat again else legal action will be initiated" else cases will be filed. I will try for complaint copy via rti. My wife in future complaint can self afflict injury and claim he hits despite assurance letter with MLC in past complaint. Will this letter impact future anticipatory bail, custody time, future conviction? I want to resume marital life. How to record without confrontation about forced sign like non cognizable human rights complaint or notice for MOU or letter to police?
Asked 2 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
Send letter to SHO that what ever is stated in complaint is false and you were forced to sign letter that whatever is stated in petition will not be repeated by you
the letter as it stands would have effect on any future case filed against you
You can complain to Police Complaints Authority against the SHO, who forcefully obtained signature on Assurance letter. Police Complaints Authority is set up to receive complaints against Police personnel. Also bring this matter to the higher ups in the department like, ACP, DCP, Commissioner of Police, DG & IG.
- As per law , the function of CAW cell is to reconcile the dispute through mediation process
- The said act of the police official is against the law , and you can file a compliant before the higher official of the police after mentioning that when the matter was going to be settled then the police official has taken your signature forcibly and without giving any chance and not even the compliant copy of the complainant.
- If in future re-lodged a compliant then this can go against you , specially after filing an FIR .
- If you want to resume martial relation with her then you can file a petition for restitution of conjugal rights in the court .
You do not have to agree to the police dictates forcing you to sign the said letter without knowing the contents of the complaint.
No doubt the police will not give a copy of the complaint to the accused person, however you can obtain the same through RTI act too.
You can inform the police that you never did not any crime against her more so in the manner that this false complaint that has been foisted now.
If the police is putting more pressure on you in this regard, you may better file an application seeking anticipatory bail even if the FIR is not registered on the basis of the complaint.
The high court will give directions to police to not to arrest if the FIR was not registered until then.
As a matter of fact any such letter or assurance given before police is not legally maintainable because the court itself is knowing that these things have been forcibly obtained, hence you may give a second thought over it.
Apply for anticipatory bail as soon as FIR is filed.
Hi, what ever you have sign before the police will not admissible in evidence. It will not impact any other legal proceedings.
Dear client,
As the SHO forced you to sign it, it has no legal value. This also will stand as it is not admissible in the court of law. So, this letter won't impact future bail or any conviction. There is no point to draft any MOU or letter to the police.
Thank you.
Hey,
Anyhow the letter won't be admissible as evidence as it was recorded only in the presence of police and by them itself. However, if you want to be cautious, you can send a complaint to the police complaints authority that you were forced to sign an assurance letter.
