Statement u/s 161 crpc is valid, if, who doesn't hold a voter id?
B Guru Murthy
(Querist) 27 May 2012
This query is : Resolved
A fake witness(person no where related to the parties)
who give his statement u/s 161 CrPC
(with the instigation of police/parties )
is valid in the court of law,
who doesn't have a voter identity in that region/city/district.
Please enlighten me
Adv.R.P.Chugh
(Expert) 27 May 2012
1. It does not matter if the person does not have a Voter ID Card - if he is otherwise not a non entity (he should not be a fictional character).
2. It is not necessary that witness has to be related somehow.
3. 161 statement as it is is not evidence against accused - but infact can be used by the accused to cross examine the witness for contradiction.
4. You need to be more specific as to what fact is sought to be proved through the witness.
adv. rajeev ( rajoo )
(Expert) 27 May 2012
voter identity is not necessary for witnesses. Cross examination is very important.
R.K Nanda
(Expert) 27 May 2012
Yes, it is valid in court.
Nadeem Qureshi
(Expert) 27 May 2012
agree with experts
according to section 161 Cr.PC
161. Examination of witnesses by police.
(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to such case Put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.
Feel free to call
Raj Kumar Makkad
(Expert) 27 May 2012
You have rightly been advises. The investigating officer might have thought such witness relevant with the chain of evidence he wants to put before the court to establish the case against the accused. If such witness is not related in any manner then take its benefit in cross examination.
Rajeev Kumar
(Expert) 28 May 2012
Yes it is valid. Rigthly advised by experts.
Shonee Kapoor
(Expert) 29 May 2012
How does it matter.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
