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Issue ID: 116246
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Statement made during inquiry

Date 28 Apr 2020
Replies4 Replies
Views 3905 Views
Right to copy of recorded statement arises when it is used in adjudication or prosecution, not during investigation.
A recorded statement need not be furnished to the person during investigation; the right to a copy arises when the statement is used in departmental adjudication or prosecution, particularly upon issuance of a show cause notice. Reliance on an unreleased statement to reject a later version is improper if copy was denied. The deponent may note his submissions independently. Statements under summons qualify as judicial proceedings and false evidence or obstruction in such proceedings carries penal consequences. Statements from summons and from searches/seizures are treated differently for procedural and evidentiary purposes. (AI Summary)

Dear Sir's,

Please advice whether a copy of statement made before DGGSTI/DGCEI officers during summon proceedings can be obtained? if yes, please share the procedure and relevant provisions of Code of Civil Procedure, 1908/Indian Penal Code or any judicial pronouncement made on this issue.

Regards.

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