Can statements recorded under s.161 crpc be used as an evidence in the court
Akhil Vijay
(Querist) 16 January 2014
This query is : Resolved
This is with regard to a criminal moot court problem that i have to face...In the problem, they have provided the statement of a witness, recorded before the police under S.161 CRPC. Can it be used by the prosecution against the accused..Or in other words, what is the relevance of the statements recorded in such a manner before the court on trial??
Devajyoti Barman
(Expert) 16 January 2014
No, it can not be. It is used only to refresh his memory or to impeach him.
Advocate. Arunagiri
(Expert) 16 January 2014
Any statement recorded, by the police, can not be used as an evidence.
Raj Kumar Makkad
(Expert) 16 January 2014
Such recording can be used just for contradicting the witness and not more than that.
ajay sethi
(Expert) 16 January 2014
agree with experts
Akhil Vijay
(Querist) 17 January 2014
Thanks to you all for helping me out... :)
Gopal Verma Advocate-on-Record
(Expert) 14 July 2014
So far as the statement u/s 161 is concerned it is inadmissible but there are certain facts which may be admissible from the statement u/s 161 recorded before the police officer