Legal Question in Criminal Law in India
I am going to file a complain for direction to FIR under 156(3) for fraud, cheating and criminal breach of trust etc.. I have some audio video recording (saved on memory card) related to this matter, which proves the case. My questions are -
1- At which stage, it is better to disclose/present the recording - along with the complain before magistrate/court or at the time of police investigation.
2- How and in which form it should be present/submit - firstly only transcription or transcription with copy of recording or original recording
3- If I have to submit it to the police then how can I insure the safety of the original data/card.
4- What is the proper procedure for presenting/submitting audio video recording (saved on memory card).
2 Answers from Attorneys
You should first make a written complaint to the local police, with a copy to the concerned Superintendent of Police. The audio video recording may be submitted by e-mail / on-line. However, you may also submit the transcriptions alongwith your written complaint. If police does not act, then you should go to court u/s 156 of Cr. P.C.
1. File a CD with the 156(3) Application
2. Submit the transcriptions along with the said application.
3. Keep original with you file CD and show data card at the time of evidence.
4. file CD.
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