During his cross-examination by the defence, a prosecution witness admits (i) that he had signed his statement recorded under Section 161 Cr. P.C., and; (ii) that his said statement was read over to him by the Police Officer outside the courtroom before he entered the witness-box… Decide

Question: During his cross-examination by the defence, a prosecution witness admits (i) that he had signed his statement recorded under Section 161 Cr. P.C., and; (ii) that his said statement was read over to him by the Police Officer outside the courtroom before he entered the witness box.

It is contended by the defence that the entire testimony of this witness is excluded from consideration. Decide this plea. [D.J.S. 1990]

Find the answer to the mains question only on Legal Bites. [During his cross-examination by the defence, a prosecution witness admits (i) that he had signed his statement recorded under Section 161 Cr. P.C., and; (ii) that his said statement was read over to him by the Police Officer outside the courtroom before he entered the witness-box… Decide]

Answer

It would appear from the provisions of section 162 of CrPC that no statement made by a witness to a Police Officer during the course of any investigation under Chapter XIV of the Code can be proved at all for any purpose during the trial if the statement has not been reduced into writing.

Even so the use of this statement for any purpose whatever is prohibited except (a) when the person making the statement is called as a witness for the prosecution, and (b) the accused or with the permission of the Court, the prosecution desire to use it in the manner provided by Section 145 of the Indian Evidence Act, 1872 to contract the witness and thus to impeach his credit. [Labh Singh v. Crown, (1924) I.L.R. 6 Lah. 24]

If a person is called to trial as a defence witness, his former statement before the police cannot be used for contradicting him. The reason appears to be that it would be improper to allow a witness to be contradicted by a record prepared by the opposite party.

A statement recorded by the police during the investigation is not at all admissible in evidence and the proper procedure is to confront the witness with contradictions when they are examined and then as the investigating officer regarding those contradictions. Even a statement of a witness recorded by the investigators during the inquest under Section 174 of the Code of Criminal Procedure would be within the inhibition of Section 162.

A statement recorded by the police in the course of an investigation can be used in a trial if the person making the statement is examined as a prosecution witness and it cannot be used for any purpose whatsoever if the person making the same is examined as a defence witness.

A statement made before a police officer during the course of an investigation cannot be used for any purpose whatsoever, except when it attracts the provisions of Section 27 or Section 32(1) of the Evidence Act. If, however, such a statement is made by a witness examined by the prosecution, it may be used by the accused to contradict such a witness and with the permission of the Court, by the prosecution in accordance with Section 145 of the Evidence Act.

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Important Mains/Long Questions for Judiciary, APO & University Exams

1. CRPC Mains Questions Series Part I: Important Questions
2. CRPC Mains Questions Series Part II: Important Questions
3. CRPC Mains Questions Series Part III: Important Questions
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