Difference between revisions of "India Criminal Defense Manual - Client Interview"
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f. If a Magistrate declines the request of the accused for summoning of defense witnesses that order may be set aside by the Superior Court on appeal.<ref>Section 233, 243, 254(2) of the Criminal Procedure Code</ref> | f. If a Magistrate declines the request of the accused for summoning of defense witnesses that order may be set aside by the Superior Court on appeal.<ref>Section 233, 243, 254(2) of the Criminal Procedure Code</ref> | ||
| − | g. The client has the right to refuse an unlawful search. If the client is not shown a search warrant before the search is to be conducted, then the search is probably unlawful. Any articles and documents discovered during an inquest or search that may be used to prove a criminal suspect's guilt or innocence may be seized, but articles and documents that are irrelevant to the case may not be seized. All seized articles and documents shall be carefully checked by the investigators jointly with the | + | g. The client has the right to refuse an unlawful search. If the client is not shown a search warrant before the search is to be conducted, then the search is probably unlawful. Any articles and documents discovered during an inquest or search that may be used to prove a criminal suspect's guilt or innocence may be seized, but articles and documents that are irrelevant to the case may not be seized. All seized articles and documents shall be carefully checked by the investigators jointly with the eyewitnesses and the holder of the articles; a detailed list shall be made and duplicated on the spot and shall be signed or sealed by the investigators, at least two eyewitnesses of respectable repute in the community and the holder. One copy of the list shall be given to the holder, and the other copy shall be kept on file for reference.<ref> Section 100 of the Criminal Procedure Code</ref> The Code of Criminal Procedure makes no provisions for warrantless searches unless they are made in the presence of a Magistrate entitled to issue a search warrant, or if they are searches for a person who may be arrested without warrant in a closed property. However this does not inherently give the police the right to make a search of that place for evidence. |
| + | h. The client has the right to refuse to answer any questions that would incriminate him, and cannot be prosecuted for lying in response to questions.<ref>Article 20(3) of the Constitution Of India</ref> No statement made by anyone during the course of investigation by the police is to be signed by any witness or the accused (other than the FIR which must be signed by the complainant or witness and the officer who received the statement after it has been verified by the complainant). Any statements made to the police may be recorded by the officer, but can only be used in court to refute, or later corroborate the testimony of a witness.<ref>Section 162 of the Criminal Procedure Code</ref> If the defense is not furnished with a copy of the statement as required under sections 207 and 208 of the Cr.P.C, this should not vitiate the proceedings.<ref>Noor Kahn v. State of Rajasthan, AIR 1964 SC 286: (1964) 4 SCR 521</ref> | ||
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| + | i. It shall be strictly forbidden to collect evidence by threat, inducement, deceit or coercion except to tender pardon to an accomplice for testifying about a crime. This applies at all periods during the investigation and trial.<ref>Section 24 of The Indian Evidence Act and Section 316 of the Criminal Procedure Code</ref> | ||
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| + | Information to be obtained in initial client interview: | ||
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| + | 1. Facts of the case relating to your client; | ||
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| + | 2. Any witnesses or jointly accused persons who should be found; | ||
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== References == | == References == | ||
<references/> | <references/> | ||
