Legal Question in Criminal Law in India
Destruction of evidence
prosecution u/s 420 is going on against one builder. In that case Police have lost(purposely) 2 important papers which were very crucial. so what is the remedy available to us? what action we can take against the police because of that 2 missing papers court has granted him bail
5 Answers from Attorneys
Re: Destruction of evidence
If the photocopies are available then the same can be proved as per evidence Act. However, you can write to police higher autharities for negligence on part of police officials and can also move the court.However detail facts are required to be seen to give accurate opinion.
Re: Destruction of evidence
if anyone is having photocopies then they can be produced.
anyone having direct knowledge of those documents can give evidence.
complaint against the police officials in court as well as to commissioner of police.
try to get anything related to those documents
Re: Destruction of evidence
file true copy in court,give evidence on it
Re: Destruction of evidence
You can definitely take action against the police for purposeful loss of crucial and important papers concerning an offence.
However, you did not specify whether these two papers were sized by police under a Memorandum or while recording statement of witness who produced the same. You also did not specify whether secondary evidence of these two papers are available.
Re: Destruction of evidence
In addition to action against the police officials for deriliction of their duties by complaining to higher authorities and filing a complaint before the magistrate, you may prove ur case through secondary evidence, which may be photocopies, related documents, or oral statements, copies of documents lost from any office of public record
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