Quick Answer: Can Police Force You To Write A Statement?

What to do if police is not helping?

2 You can send your complaint in writing and by post to the DPO, CCPO, DIG or PPO concerned.

If the DPO, CCPO, DIG or PPO is satisfied with your complaint, he shall order the registration of FIR.

3 You can file a complaint to the District Public Safety and Police Complaints Authority in your district..

Do you have to tell the police where you are going?

If the police do stop and ask you to account for your presence in a place, you do not have do provide any personal details and the police must, according to the codes, make a record of your ethnicity.

Why are police statements not admissible in court?

Confession made to police not admissible in evidence against accused, Telangana HC. According to the Supreme Court, Section 25 of the Evidence Act was enacted to eliminate from consideration confessions made to an officer who, by virtue of his position could extort by force.

Can I refuse to give a statement to the police in India?

If you do not know something, then the police officer cannot force you to make any statement, or put words in your mouth.

Why do police ask for a statement?

Without a statement, an officer will arrest you because they do not know both sides of the story. Officers get angry if you do not give a statement and are more likely to arrest you. If they haven’t arrested you, you might be able to talk your way out of it.

What happens if you retract a statement?

If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you’re worried about giving evidence, you should tell the police how you feel.

How do you retract a statement to the police?

If you have given a statement to the police but now wish to retract it, you should contact a solicitor as soon as possible. A retraction statement can be given indicating your unwillingness to attend Court and give evidence. Do not contact the police if you wish to retract your statement.

What happens if you give a statement to the police?

If you give a written statement, the police will normally ask to come to your home or ask you to visit the police station. … You can ask the police officer to read your statement to you. You will be asked to sign the statement to say that it is an accurate account of what you think happened.

Do you have to give a statement?

You have a right to silence – this means that you do not have to answer Police questions, you do not have to make a statement and you do not have to do an interview – unless you choose to.

Can a police officer run your name for no reason?

Police have authority to stop you on the street for no reason, but they cannot search you without reason. The Supreme Court has held that law enforcement officers can approach and talk to anyone. Most states have laws that require the presentation of identification under certain circumstances.

How do you recant a statement?

Recant. The term “recant” in the legal world means to formally take back or withdraw a prior statement. For example, recant occurs when a witness makes an official statement to, say, the police, and then formally withdraws that statement upon its presentation later in open court.

How do you convince a prosecutor to drop charges?

Consult an Attorney The attorney also can contact and try to convince the prosecutor to dismiss the charges or try to negotiate an agreement to dismiss. If you are charged with a crime, contact a local attorney immediately so that your attorney can address any possible grounds for dismissal.

Can I defend myself against a police officer?

Yes you can defend yourself from unreasonable force, however it is usually a bad idea with the police. You will end up charged with resisting arrest. However you may not resist an arrest which you believe is unlawful. You must contest that in court.

What do cops say when arresting someone?

Right to Silence and Right Against Self-Incrimination I wish to give you the following warning: You need not say anything. You have nothing to hope from any promise or favour and nothing to fear from any threat whether or not you say anything. Anything you do or say may be used as evidence.

Do you have to tell an officer your name?

If a police officer is in plain clothes and they want to do something like arrest, search or make you ‘move-on’, the officer must tell you that they are a police officer and state their name, rank and station and show you their ID. If they are in uniform, they just have to tell you their name, rank and station.

How long do police keep statements?

100 yearsPolice recording practices The police currently store details of all recordable offences (indictable, triable-either-way and some summary offences) and they keep this data until you reach 100 years old.

Can I refuse to give a statement to the police UK?

The police cannot force anyone to make a statement. However, they may get a subpoena to make you go to court to give evidence.

Will I go to jail if I recant my statement?

Giving false information to a police officer is a California misdemeanor. The consequences of a VC 31 conviction are: up to six months in a county jail, and/or. a fine of up to $1,000.