Look, how horribly laws are twisted in India. Everyday, police records statements of thousands of witnesses and also forces them to sign statements. Then they are asked to give deposition on oath as per statement signed by them!!!!
This is how ignorant illiterate people are treated.
But so far as you are concerned, you have become aware. Under Sec.160, if police thinks that you can be a witness or may know something about crime, he can call you to police station and ask questions. But he cannot call you if you are named as accused. Sec.160 powers are only for prospective witnesses.
After asking you some questions, he can also record it in writing.
Then, he can ask you to sign below what you have just said.
Here, You can say NO. You can say that Under Sec.162, specific, direction is there to police that no signatures are to be taken below such statements.
If he threatens, tell him that under Sec. 163, Police is not supposed to threaten any witness for making statement.
This is how ignorant illiterate people are treated.
But so far as you are concerned, you have become aware. Under Sec.160, if police thinks that you can be a witness or may know something about crime, he can call you to police station and ask questions. But he cannot call you if you are named as accused. Sec.160 powers are only for prospective witnesses.
After asking you some questions, he can also record it in writing.
And then the CATCH:
Then, he can ask you to sign below what you have just said.
Here, You can say NO. You can say that Under Sec.162, specific, direction is there to police that no signatures are to be taken below such statements.
If he threatens, tell him that under Sec. 163, Police is not supposed to threaten any witness for making statement.
Remedy:
You threaten to Police that if he will force you to put signature, you will go to High Court under Article 226 to quash the statement.
How you will prove in High Court that Police Gave You Threat?
You need not prove it. In High Court, burden will be on Police to satisfy High Court, that he really, really, really, did not give any threat to you.
Haresh Raichura
22nd May,2012
