Hello all,
Do witnesses get their 161 crpc copy?
If yes, when do they get the copy?
Can the witness rebut his 161 crpc statement during his cross exam saying that he did not give so and so statement to the I.O?
Regards
VENKS (S) 19 November 2010
Hello all,
Do witnesses get their 161 crpc copy?
If yes, when do they get the copy?
Can the witness rebut his 161 crpc statement during his cross exam saying that he did not give so and so statement to the I.O?
Regards
Siv (engineer) 19 November 2010
As per law I do not know, but by asking the CrPC-161 statement accused/complinant/witness can get the CrPC-161 statement copy from police. Upon knowing that some information is fasle in the statement, approach next higher level police to correct it.
PARTHA P BORBORA (advocate) 19 November 2010
161 statements are the part of the case diary and a case diary is a confidential document. So you cannot claim for a copy of the statement from police until investigation is completed. After completion of the investigation if police filed a charge sheet then you may apply for a copy of the statement recorded U/s 161 Cr.P.C from the CJM or Metro. CJM. If you are an n accused you will get the copy of the statement free of cost during trial.
161 statements are not treated as evidence, but it is used for contradiction and for corroboration of the evidence.
A witness can change his statement during trial, there is no bar. 161 statements are recorded by police and if you think that the police have not recorded the truth you may depose describing the truth and may depose that the statement recorded by police is false.
You can very well get the copies of 161 statements after filing of charge sheet before a court of law.
The rebuttal presumption will entitle the accused for acquittal. If you want to correct the statement after filing of charge sheet or during the court of investigation you can file proper petitions to add or correct the 161 statement before court or investigation officer or record further statement.
RAJASEKHAR.TULASI (advocate) 21 November 2010
if the witness does not state as per 161statement, app declares him hostile to the case and nominal cross examination is done by him. Defence can also cross examin his to get there set of facts.
ishaq mohd (advocate) 24 November 2010
the copies of statments ur 161 cr.p.c. are not supplied to witnesses but after filling of chargesheet the copies are to be given to accused. at the time of evidence the APP or PP allows the witness to refresh memories.acopy can be taken from court as per rules.A witness may resile ffrom his statment in court as the statments under161 are not sighned
raj (na) 02 December 2010
recently a wonderful situation arose while declaring the witness hostile by the prosecution.. the witness who declared hostile insisted to the court that he was stating truth though the facts were contradictory to the 161 statements, further he went on to affirm the same thing on affdavit and stated to the court that he had documents to prove him right.....this rare situation recently came to be decided by the Gujarat High Court.....