WebSep 6, 2008 · The statement under Section 161 CrPC of other witnesses also came to allege the accident due to hitting of the car by the truck. The police submitted final report exonerating the driver. However, the CJM took cognizance under Sections 279, 337 and 304-A IPC. The Sessions Judge in revision set aside the order taking cognizance of the … WebNov 17, 2016 · Applications for recording of statement of witness u/s 164 Cr.P.C are usually filed by the prosecution/IO. In Jogendra Nahak v. State of Orissa (2000) 1 SCC 272 – The Supreme Court has held that, all and sundry cannot approach the magistrate for recording of their statement u/s 164 and any witness, unsponsored by the …
Audio Video Recording Of Examination of Witnesses By Police …
WebSep 12, 2024 · The statements recorded under Section 161(3) of the Code are not substantive piece of evidence and the Court cannot suo motu make use of such statements in case if the testimony of the witness made during the trial is not consistent with the statement made before the police during the course of investigation. ... Let us examine … WebOct 4, 2024 · October 4, 2024. The term statement is not defined in the Code of Criminal Procedure but its dictionary meaning is the act of stating or reciting. Section 161 and 162 deal with the oral examination of witnesses by police, the record to be made of the statements and their use subsequently. Section 161 Code of Criminal Procedure, 1973 … diaphragmatic breathing for swimmers
Examination of Witness and Recording of Their Statement
WebHostile Witness and its evidentiary value Any statement under Section 161 CrPc made to the police officer is inadmissible for the reason that the police officer may coerce or intimidate the witness into making such statements. During the trial, the witness is expected to restate the statements made to the police at the time of investigation. The … WebExamination of witness by the Police-. Under Section 161 of the CrPC, police officers conducting the investigation can examine the witness and can record such statements … WebMay 30, 2024 · Evidentiary value. The evidentiary value of statements recorded by the investigating officer in Section 161 cannot be used as substantive evidence before the court. If a witness statement was not recorded in compliance with Section 161 at the time of the investigation but is challenged in the court, then his evidence can be used only if the … diaphragmatic breathing for swallowing