2 Answers
Dear Client,
According to Indian law, the testimony of an injured victim is considered powerful evidence when it is encompassed by an MLC report. The absence of independent witnesses does not stop the police from filing a charge sheet as per Section 193 of the BNSS provisions. Since the investigation was ordered by the Magistrate, the police are required to conclude the investigation. If the police do not act quickly, it is possible to file a status/monitoring application before the same Magistrate, or to file a private complaint under Section 223 of the BNSS. In this regard, the municipal demolition orders can be used to prove the ill motive of the accused persons. Consulting with a local criminal attorney is advisable to kick-start the process. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you
Yes, Mr. Prashant. On the facts you have stated, the police should not keep the investigation pending merely because the independent witnesses are not willing to come voluntarily to the police station. There are proper legal mechanisms available to the Investigating Officer to record their statements.
Since the matter is in Belagavi, Karnataka, and the Court has already passed an order directing the police to register the FIR, investigate and submit the charge-sheet, your position is considerably stronger.
1. Your understanding regarding yourself being the first witness is broadly correct
You are the injured complainant/victim and therefore your statement and evidence are important evidence in the case. Your case does not automatically fail merely because independent eyewitnesses do not come to the police station.
Further, you have mentioned that:
- you sustained injuries;
- an MLC was conducted at the District Hospital;
- there is medical documentation;
- the police have conducted the panchanama/spot mahazar;
- you have supplied the names/details of persons who were present;
- the Court has already directed the police to investigate and submit a charge-sheet;
- there is an underlying property dispute between you and the three accused;
- there is an official demolition order concerning the alleged illegal construction.
All of these circumstances can form part of the investigation.
Under Section 180 BNSS, the Investigating Officer has the power to orally examine a person acquainted with the facts and circumstances of the case and reduce the statement into writing.
More importantly, Section 179 BNSS expressly empowers the police officer conducting the investigation to require the attendance of a witness by an order in writing. The law also specifically provides that certain categories of persons cannot be required to attend anywhere other than their residence.
Therefore, if the witnesses are genuinely afraid or unwilling to voluntarily come to the police station, the proper course is for the Investigating Officer to take appropriate steps under Section 179 BNSS rather than simply saying that investigation cannot proceed.