Exceeding 161 crpc statement during chief
Tashi Norbu Basi
(Querist) 09 March 2013
This query is : Resolved
My apologies, my previous query does not seem to have been drafted clearly. Let me re-phrase:-
I have a prosecution witness whose 161 statement is on record. But during deposition in Chief he has made statements many which are not there in his 161. Some statements even contradict his 161. I'm sure he has been coached. Anyway, objections have been recorded against each and every such statements.
My query is:-
given that an accused must be given time to prepare his defense (i believe that's why we are given a copy of the entire chargesheet with 161 statements of all PWs), how can new statements of PW's be recorded and used against accused?
Won't it be a violation of his right to be given all material to be used against him in advance and also a violation of his right to get time to prepare his defense?
Arun Kumar Bhagat
(Expert) 09 March 2013
Question: how can new statements of PW's be recorded and used against accused?
Ans: New statements of PW's are called exaggeration and improvements which are inadmissible in terms of section 162 Cr.P.C read with 145 Indian Evidence Act.
Question No.2: Answer is same.
Mohd Musabbir Ansari
(Expert) 12 March 2013
dear basi
accused has only one right practically that nobody can snach from him that is right to cross examination.
