Prabakaran 27 December 2024

161(3) statement [complainant] was not recorded, but police cooked record available in chargesheet

Sir, my father was the complainant of his criminal case petition dated 14.11.2018, but FIR registered on 15.11.2021 after direction from Magistrate. My father was never ever interrogated by police even once from 2018 to till date [not interrogated even FIR registration]. Under this situation, we were shocked to find while reviewing the chargesheet that my father's 161(3) statements were created by police by changing the complaint content as per whims and wishes of accused persons. Also, my witness statement was also fabricated one. What would be best course of action under this situation?

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2 Replies

Dr. J C Vashista (Advocate ) 27 December 2024

File a protest petition to amend / insert / include factual statement of complainant.

T. Kalaiselvan, Advocate (Advocate) 27 December 2024

If the police has filed the charge heet with the fabricated 161 statements, then it can be objected before trial court and file a copy of the original complaint and bring out the contradictions to that of the 161 statements and request the court to recrd fresh statement by ignoring the concocted statement filed by police in the trial proceedings.

The police statements taken under section 161 of the Criminal Procedure Code are not admissible in court. They can be utilised by the defence to refute witnesses for the prosecution.

As per the provision, the statements made in front of the police are not admissible as evidence except for the purpose of contradiction.