Legal Question in Criminal Law in India
concealments of facts
suppression of facts disqualifies litigant in civil cases.2008(2)civil court cases762S.C. what about in criminal cases?
4 Answers from Attorneys
Re: concealments of facts
yes check sec 191 onwards of Indian Penal Code.
Re: concealments of facts
law is the same in both the situations. a witness found knowingly making wrong statement in the court may also be subjected to the penal provisions of 'perjury'.
Re: concealments of facts
its the other way round. an accused cannot be compelled to depose against himself. even if he does, it is not considered to be cogent evidence. an accused can voluntarily confess his crime....equivalent to admission in civil cases but he can conceal the facts. the police is supposed to investigate on its own and not as per story given by the accused.
Re: concealments of facts
In civil cases, this obligation is casted upon both the parties.
However, in the criminal cases, the accused has right of silence under the constitution. Further, an accused can not be convicted on the falsity of defence taken.
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