Regarding 161 statement
Emma
(Querist) 14 October 2015
This query is : Resolved
Dear experts ,
I would like to know if an accused makes a 161 statement to police confessing his crime about stolen goods and where he hid it and also the involvement of other co accused , but in the Court he retracted from such statement and it was not duly recorded as per 164 , then what will be the value of such statement regarding the case .? Does such statements amount to confession ? Does it will have any impact on other co accuseds regarding their bail petition ? Furthermore all the accuseds are under 18 years .
I would be glad if anyone clarify it .
Thanks ,
Emma
Rudrawar Narayanreddy
(Expert) 15 October 2015
confession made before police officer cannot be proved in court as per evidence act section 25, 26 but the information recieved by the police officer from the accused leads to the discovery may be proved.