WHAT YOU SHOULD KNOW BEFORE GIVING STATEMENT IN POLICE STATION

Relax. Don’t be scared. If you are being called to a police station to give a statement, know your rights.

Do not accept any invitation on call. Reply to the call via post letter.

Keep the receipt as evidence.

Ensure all further communication is in writing only. Not on calls.

In the letter:

Attach old communication as annexures, if any.

Opening paragraph: Mention receiving a call for the statement, date & time of call, who was the caller, received from where, your communication with the caller, your standing in the issue (complainant/third-party/victim/direct or indirect witness) and a timeline of events. Refer to important dates, previous letters etc, if any. 

Address a senior authority and end with copy to: (relevant local police station).

If you are being called to the police station for giving a statement or for enquiry, then write to them.

Sample Letter:

To

XYZ

Respected Sir

Subject: ____________

Detail of oral/on-call communication and previous timeline of events here.

Certain safety measures as per the mandatory guidelines decided for the preliminary enquiry or registration of F.I.R. by the Hon’ble Supreme Court in Lalita Kumari v. Government of Uttar Pradesh and others: 

  1. All communication from police station(s) shall be accepted in writing only as per Section 160 Code of Criminal Procedure.
  2. CCTV: Functioning with audio-visual feature clarity. (mandated by Supreme Court in Paramvir Singh Saini v. Baljit Singh) 
  3. (If you are a female):
    The presence of a Female Police Officer during the procedure of recording statement.
  4. Confirmation to be provided with a copy of the CCTV recording and the minutes of investigation immediately after giving the statement (audio-visual). 
  5. Information to be disclosed in writing: 
    • Is this a preliminary inquiry? (in which case, it shall be conducted only to ascertain whether a cognizable offence is disclosed or not). 
    • (If you have communicated with the police before in writing or submitted any evidence, then ask):
      Does the information in _____________________ reveal commission of a cognizable offence?
      (Then no preliminary inquiry is permissible in such a situation) 
    • (If you are a social worker/friend/relative/neighbour/stranger/third party):
      What is the category of statement required from me? With knowledge of the fact that here I am a social worker/third party, neither a witness nor a victim (as mentioned in earlier communication dated ____________ )
    • Under what section of Cr.Pc. my statement is required?

My apprehensions are precautions. 

Yours,

ABC

This is a sample from what I included in my letter to the DGP, Gujarat, copy to SP Gandhinagar & Adalaj Police Station (from where I received the call).

Sample Copy To Format:

Copy to:Superintendent Of Police Gandhinagar,
Road No. 7, Sector 27, Gandhinagar, Gujarat – 382028

Copy to:Police Inspector
Adalaj Police Station
Adalaj Road, Sarkhej-Gandhinagar Highway Road, Adalaj, Gujarat – 382421

Part 1: https://priyasogani.com/security-guards-bouncers-goons-the-police/

Part 2: https://priyasogani.com/detective-me-investigating-the-security-agency/

Part 3: https://priyasogani.com/then-what-did-the-police-do/

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