Crpc simple question
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(Querist) 20 March 2012
This query is : Resolved
WHY THE PROSECUTION IS ONLY ENTITLED TO CONTRADICT AND NOT CORROBORATE BUT THE ACCUSED IS ENTITLED TO BOTH OF THEM OF THOSE PERSONS WHOSE STATEMENTS ARE RECORDED U/S 161 DURING INQUIRY OR TRIAL.
I WANT PROSECUTION TO GIVE BOTH THESE RIGHTS WHAT SHOULD I DO.
Shonee Kapoor
(Expert) 21 March 2012
Put a PIL for the same. But it is unlikely to succeed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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(Querist) 21 March 2012
MY QUESTION IS IN WHAT WAY STATEMENTS RECORDED U/S 161 CAN BE USED FOR CORROBORATION.IS THERE ANY WAY.
kuldeep kumar
(Expert) 21 March 2012
get his statements recorded before magistrate u will able to exercise both tools.image of indian police is not good thats y there is ban.
Adv.R.P.Chugh
(Expert) 21 March 2012
When questioning the prudence of the legislature next time - read it thoroughly- - 161 statements can be used for contradiction ONLY by the defence always - and by the prosecution if the witness turns hostile. It is never used for corroboration. The reason being such statements are invariably of self serving nature - police can't be trusted to record correct and true statements.
164 is still there where such statement if recorded before JM would have corroborative as well as contradictory uses.
Ghanshyam Prasad
(Expert) 21 March 2012
Under law prosecution can use statement u/s161 for both purposes,corroborate and contradict after declaring him as hostile.
Ajay Bansal
(Expert) 21 March 2012
As advised above by Chugh.
SAINATH DEVALLA
(Expert) 21 March 2012
Dear Tory,
go through 161 crpc.
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
Shonee Kapoor
(Expert) 23 March 2012
Rightly said by Ld. Chugh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
