Eye witness - 161 statement or chief examination affidavit.
Querist :
Anonymous
(Querist) 19 February 2019
This query is : Resolved
In a motor vehicle accident claim eye witness gave chief examination affidavit and the contents are in contrary to 161 statement gave to police. which will prevail before law ? 161 statement or chief examination affidavit ?
Vijay Raj Mahajan
(Expert) 20 February 2019
Motor vehicles accident claim case is civil matter and statement u/s161 CrPC in criminal case based on FIR is different matter.
The affidavit made as examination in chief by the witness where the cross examination is to be done, statement made u/s161 CrPC can be referred to check veracity of the witness that's all can be done, if found that witness making false statement on oath, application u/s340 CrPC can be made in the court for registration of criminal complaint u/s193 IPC against him by the court.
Suhail suhail
(Expert) 20 February 2019
The statement which party gives in the court is having more force than the statement u/s 161 Cr PC .
Ambanshu Sahni
(Expert) 20 February 2019
Statement under Section 161 can not be used for any purpose expect as mentioned in the said section 162. Section 162 reads as follows:
"Statements to police not to be signed: Use of statements in evidence.
(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter
provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872 ); and when any part of such statement is so used, any part thereof may also be used in the re- examination of such witness, but for the purpose only of explaining any matter referred to in his cross- examination.
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872 ), or to affect the provisions of section 27 of that Act. Explanation.- An omission to state a fact or circumstance in the statement referred to in sub- section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact."
Dr J C Vashista
(Expert) 21 February 2019
Well explained and advised by expert Mr. Ambanshu Sahni, I agree and appreciate his acumen.
Motor accident claim do not require any rigorous deposition wherein lodging of FIR is sufficient to proceed in claim.
