Legal Question in Criminal Law in Pakistan
I heard that taking affidavits during investigation is not allowed and illegal in law. I want to know that under which section of law it is mentioned? Even if investigating officer gets affidavits from accused that they are innocent, what is the legal value of this affidavit?
2 Answers from Attorneys
Any statements made to the investigation needs not to be signed. Also there is no provision of law which allows the Investigation Officer to compel the witnesses or accused to submit affidavits. However, if any affidavits are submitted those will be considered �simple statements�. Evidentiary value of the statements made to the Investigation Officer corroborative evidence. Put simple, unless these statements are corroborated during the trial, they may not become �evidence� or base of conviction of accused person. (See Section 161 & 162 of Criminal Procedure Code, 1898)
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