Question 1

What steps can be taken if the police refuse to register an FIR?

Accepted Answer

If the local police station refuses, the complainant can send the complaint in writing to the Superintendent of Police or Deputy Commissioner of Police. If action is still not taken, the complainant can approach the Magistrate under Section 175(3) of BNSS (formerly 156(3) CrPC) seeking a direction for FIR registration.

Question 2

What is the legal validity of statements given to the police?

Accepted Answer

Statements recorded by the police during an investigation under Section 161 CrPC/BNSS are not signed by the maker and cannot be used as substantive evidence in court. They can only be used by the defense to contradict the witness during cross-examination.

Question 3

Are confessions made to police admissible in court?

Accepted Answer

No, confessions made to a police officer are strictly inadmissible as evidence under the Evidence Act/Bharatiya Sakshya Adhiniyam, to protect accused persons from coerced confessions. Confessions are only admissible if recorded by a Judicial Magistrate under proper procedural safeguards.

Police Liaison & Criminal Complaints

Overview

Frequently Asked Questions