My friend is serving army officer. His wife's brother was murdered. Body found by police and cremeted. Now my friend who was in least contact with this person is asked by the local police to make a statement which my friend is ignorant. Now my question is ... Whether my friend is bound to give the statement. Also he is serving Army Officer. Thanks in anticipation.
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What will happen when my friend doesnot respond to police as an Army Officer because he has also got some privileges as per Army Act which he is not sure.
1) your friend should go to police station to record his statement
2) since your friend was the person to whom brother in law spoke last it is necessary for police investigations to record your friend statement
3) if he refuses needle of suspicion would be on friend that he has something to hide
Refusal to cooperate with police investigations will boomerang on your friend
Police can arrest your friend for carrying out interrogations
My friend never spoke to his brother in law rather he was not in contact with him. Also whether Police can arrest him because he is servind Army Officer and governed by Army Act under which he can be arrested only if he is involved in Rape, Murder and Culpable Homicide amounting to Murder. Also whether my friend can send written statement by post with ink signature. Further whether Police can send questionnaire to him by post and he can answer through post?
1) your friend can send written statement by post
2)police may not agree for written questionnare to your friend by post
3) in a nutsehll it is in your friend interest to cooperate with the police
I advise him to cooperate with the police authorities. If he has some information he must share it.He can request the poilce whether his statement can be sent over a letter.He also should explain inaability to participate in the investigation process.
The police may summon anyone they may suspect as a part of their investigation. Let your friend give statement about his knowledge to the incidence. He should not agitate over the issue. if there is unnecessary torture, he may approach higher police officer
The defence personnel cannot be arrested without the prior permission of their unit commander, however in such cases they can be summoned for enquiry as part of investigation
The police can even frame charges if it suspects his involvement.though there are procedures laid down in this regard, the police would follow shortcut ways flouting the rules. Ask your friend to take the help of his unit commander in case of any excess by police