• Cash misappropriation / cheating by hotel staff

Please help us understand that if a staff has given us written confession can same be used in court of law as an evidence ? The amount is INR 1.5 Lac.
Asked 1 year ago in Criminal Law from Jammu, Jammu and Kashmir
Religion: Hindu
you may use this as evidence, but the person who gave this statement will tell the court that he was made to give this statement under duress, threat or coercion and forcefully and that he therefore denies the same wholly. In such a circumstance you must produce some other incidental or secondary evidence to substantiate his statement so it can instil confidence in the court in believing that confession.
Other wise this exercise of yours will be entirely useless.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
Mere written statement given to you is not enough. Unless the staff depose in court and confirm the said fact such written statement has no evidentiary value. 
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1) You can rely upon  admission by staff that he has misappropriated sum of Rs 1.5 lakhs 

2) it would be admissible as evidence 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
Hi, the confession  given by the Hotel Staff  in writing can't be used as evidence before the court.
2. You just taken the report from the auditor or any other authority and then you can use the evidence before the court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
You have two options 
1. you can terminate him from his job by conducting Domestic enquiry .Use this as a good evidence.If he is ready to provide the amount
2.File a police complaint and take case against staff.The written statement is admissible in first stage of case but later the person who give the written confession deny in court.So you have to prove it is genuine with other relating evidence. 

Criminal case contain chain of evidence ,mens rea etc.. When one chain is broken the sentence is not happened.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1. Yes, it can be used as an evidence,

2. Please also note that the staff can state before the Court that he has been forced by you to write the same so that you can terminate him or blackmail him,

3. If he has lodged a police GD by this time then his submission will get some weight unless you have lodged a police complaint based on his admission,

4. If you have not lodged any police complaint then your case will be weak.
Krishna Kishore Ganguly
Advocate, Kolkata
12106 Answers
231 Consultations
5.0 on 5.0
The confessional statement can be denied by him in the court stating that it was obtained by force and duress, though you may use it as an evidence before court but you may have to prove it beyond doubt.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
Yes why not. If the perpetrator of the crime has confessed to his crime and signed the confession it can be used against him in the court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12106 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
435 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2745 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0