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Query: Section 161 of Code of Criminal Procedure, 1973 talks about the Examination of witnesses by police which provides for oral examination of a person by any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case. To what extent can the Court rely on the statement of the person who is examined under section 161 in order to come to the conclusion that the accused is guilty of a crime. In other words, what is the scope of section 161 and how much can it be used by the defence to prove the guilt of the accused? I am representing the accused in the CBI matter.
Section 161 of the Code of Criminal Procedure, 1973 (Cr.P.C.) provides a framework for the examination of witnesses by police officers during the course of an investigation. This section allows an investigating officer to orally examine any person who is believed to be acquainted with the facts and circumstances of the case. However, the statements made under this section have specific limitations regarding their admissibility and use in court, particularly concerning the prosecution's burden to prove the guilt of the accused.
The primary purpose of Section 161 is to facilitate the gathering of information that may assist in the investigation. However, it is crucial to note that statements made under this section are not considered substantive evidence. The Supreme Court has clarified this in various judgments, emphasizing the limited scope of such statements.
In V.K. Mishra & Anr vs State Of Uttarakhand & Anr (28 Jul 2015), the Court reiterated that statements made by witnesses to the police under Section 161 are not substantive pieces of evidence. They can only be used for specific purposes, primarily to contradict the witness during cross-examination as per Section 145 of the Evidence Act. The Court stated that the statements recorded during the investigation are not admissible as evidence unless they are duly proved and can only be used to challenge the credibility of the witness's testimony in court. This judgment underscores the principle that while the police can gather information through Section 161, such information cannot be directly relied upon to establish the guilt of the accused.
Furthermore, in Sanatan Naskar & Anr vs State Of West Bengal (08 Jul 2010), the Supreme Court elaborated on the importance of the accused's right to explain incriminating evidence against them. The Court emphasized that the examination of the accused under Section 313 of the Cr.P.C. is a critical opportunity for the accused to respond to the prosecution's case. This judgment highlights that while the prosecution may present evidence, including statements made under Section 161, the accused must be given a fair chance to explain their position. The Court's focus on the accused's right to a fair trial indicates that reliance on Section 161 statements must be balanced with the accused's opportunity to contest the evidence.
Moreover, the Supreme Court in Balkishan A. Devidayal Etc vs State Of Maharashtra Etc (31 Jul 1980) distinguished between police investigations and judicial proceedings. The Court noted that statements made during a police investigation under Section 161 do not carry the same weight as those made in a judicial context. The judgment highlighted that while police officers may record statements, these cannot be used to prosecute individuals under Section 193 of the Penal Code, which pertains to false evidence. This distinction is crucial for understanding the limitations of Section 161 statements in establishing guilt.
The implications of these judgments are significant for the defense in a criminal trial. The defense can argue that statements made under Section 161 should not be considered as evidence of guilt. Instead, they should be viewed as preliminary information that requires corroboration through admissible evidence. The defense can also utilize the provisions of Section 145 of the Evidence Act to challenge the credibility of witnesses who have made statements to the police, thereby undermining the prosecution's case.
In conclusion, while Section 161 of the Cr.P.C. allows for the examination of witnesses by police, the statements made under this section are not substantive evidence and cannot be solely relied upon to establish the guilt of the accused. The Supreme Court has consistently reinforced the limited scope of these statements, emphasizing the need for corroborative evidence and the accused's right to a fair trial. The defense can leverage these principles to contest the prosecution's reliance on Section 161 statements, thereby strengthening their case in a CBI matter or any criminal proceeding.
References:
The primary purpose of Section 161 is to facilitate the gathering of information that may assist in the investigation. However, it is crucial to note that statements made under this section are not considered substantive evidence. The Supreme Court has clarified this in various judgments, emphasizing the limited scope of such statements.
In V.K. Mishra & Anr vs State Of Uttarakhand & Anr (28 Jul 2015), the Court reiterated that statements made by witnesses to the police under Section 161 are not substantive pieces of evidence. They can only be used for specific purposes, primarily to contradict the witness during cross-examination as per Section 145 of the Evidence Act. The Court stated that the statements recorded during the investigation are not admissible as evidence unless they are duly proved and can only be used to challenge the credibility of the witness's testimony in court. This judgment underscores the principle that while the police can gather information through Section 161, such information cannot be directly relied upon to establish the guilt of the accused.
Furthermore, in Sanatan Naskar & Anr vs State Of West Bengal (08 Jul 2010), the Supreme Court elaborated on the importance of the accused's right to explain incriminating evidence against them. The Court emphasized that the examination of the accused under Section 313 of the Cr.P.C. is a critical opportunity for the accused to respond to the prosecution's case. This judgment highlights that while the prosecution may present evidence, including statements made under Section 161, the accused must be given a fair chance to explain their position. The Court's focus on the accused's right to a fair trial indicates that reliance on Section 161 statements must be balanced with the accused's opportunity to contest the evidence.
Moreover, the Supreme Court in Balkishan A. Devidayal Etc vs State Of Maharashtra Etc (31 Jul 1980) distinguished between police investigations and judicial proceedings. The Court noted that statements made during a police investigation under Section 161 do not carry the same weight as those made in a judicial context. The judgment highlighted that while police officers may record statements, these cannot be used to prosecute individuals under Section 193 of the Penal Code, which pertains to false evidence. This distinction is crucial for understanding the limitations of Section 161 statements in establishing guilt.
The implications of these judgments are significant for the defense in a criminal trial. The defense can argue that statements made under Section 161 should not be considered as evidence of guilt. Instead, they should be viewed as preliminary information that requires corroboration through admissible evidence. The defense can also utilize the provisions of Section 145 of the Evidence Act to challenge the credibility of witnesses who have made statements to the police, thereby undermining the prosecution's case.
In conclusion, while Section 161 of the Cr.P.C. allows for the examination of witnesses by police, the statements made under this section are not substantive evidence and cannot be solely relied upon to establish the guilt of the accused. The Supreme Court has consistently reinforced the limited scope of these statements, emphasizing the need for corroborative evidence and the accused's right to a fair trial. The defense can leverage these principles to contest the prosecution's reliance on Section 161 statements, thereby strengthening their case in a CBI matter or any criminal proceeding.
References:
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