Video Conferencing Option during police investigation

[Sunidhi Chandra]

Hello Ashok ji,
thanks for answering all my questions. this site is so wonderfully maintained. kudos to u. My sister-in-law has registered a dowry case in India along with other sections. The police inspector is asking us to come to india from hong kong for recording statement. also my brother is in canada. he is also being asked to come personally. I just saw this link stating that video conferencing option can be availed. please tell us how to avail of this option. why is the police man asking us to come down? we don’t have enough leaves. the police man is threatening also. can we take some order from court.
here is the link:
http:// www. insaafindia. in/judgements/divorce/can-use-video-conferencing-instead-of-summoning-the-husband-to-the-place-where-wife-resides-supreme-court-2017/

[Dr. Ashok Dhamija]

Statements are recorded by police during investigation under the provisions of Section 161 of the Criminal Procedure Code. In 2009, Section 161 Cr.P.C. was amended and the following provision was added thereto:

“Provided that statement made under this sub-section may also be recorded by audio-video electronic means.”

Therefore, it is perfectly lawful for an investigating officer to record statements during investigation by video-conferencing. You can request the police officer in this regard by bringing this amendment to his notice. You may also express your inability to visit India for this purpose citing whatever practical difficulties you have, if any.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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