Portion Of S.161 CrPC Statement Used To Contradict Witness Must Be Proved Through Investigating Officer & Marked: Supreme Court
1 month, 1 week ago

Portion Of S.161 CrPC Statement Used To Contradict Witness Must Be Proved Through Investigating Officer & Marked: Supreme Court

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The Supreme Court on Thursday set aside the conviction under Section 302 IPC of a man after noting that the trial court failed to follow the proper procedure for contradicting the prosecution witnesses in their cross-examination with their previously recorded Section 161 Cr.P.C. A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan held that the trial court erred by merely reproducing the contradicted portions of the witness's Section 161 Cr.P.C. The Court stressed that the portion of the previous Section 161 statement would be considered for contradiction only when they are proved through the investigation officer “We must refer to a peculiar practice followed by the Trial Court. The portion of the prior statement shown to the witness for contradicting the witness must be proved through the investigating officer.

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History of this topic

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal
1 week, 4 days ago

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal

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" This we need to keep in mind that the statement of the witnesses recorded in course of the investigation under Section 161 of the Code of Criminal Procedure cannot be a basis to convict the accused and that too for a serious offence of murder. Upholding a 1991 acquittal order of the sessions court, the Rajasthan High Court said …

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC
1 month, 2 weeks ago

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC

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“ Such consideration of quashment of the proceedings, relying on the statement under Section 161 of the Cr.P.C. A single judge bench Justice M Nagaprasanna, which obliterated the cognizance order taken by Magistrate and remitted the matter back for fresh consideration said, The Karnataka High Court on Friday, while refusing to quash the proceeding initiated against former Chief Minister B …

S. 27 Evidence Act | Disclosure Statements Alone Are Insufficient For Conviction Without Supporting Evidence : Supreme Court
1 month, 3 weeks ago

S. 27 Evidence Act | Disclosure Statements Alone Are Insufficient For Conviction Without Supporting Evidence : Supreme Court

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The Supreme Court stated that a disclosure statement under Section 27 of the Indian Evidence Act unaccompanied by the supporting evidence is not sufficient to prove the guilt of the accused beyond a reasonable doubt. The bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan acquitted the accused convicted for murder under Section 302 IPC, noting that aside from …

S. 27 Evidence Act | Disclosure Statements Alone Are Insufficient For Conviction Without Supporting Evidence : Supreme Court
1 month, 3 weeks ago

S. 27 Evidence Act | Disclosure Statements Alone Are Insufficient For Conviction Without Supporting Evidence : Supreme Court

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The Supreme Court stated that a disclosure statement under Section 27 of the Indian Evidence Act unaccompanied by the supporting evidence is not sufficient to prove the guilt of the accused beyond a reasonable doubt. The bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan acquitted the accused convicted for murder under Section 302 IPC, noting that aside from …

Whether A “Prosecution Witness” Can Be Cross-Examined By Resort To Both The Limbs Of Section 145 Evidence Act (S.148 BSA) With Regard To His161 (3) Cr.P.C. (S.180 (3) Of BNSS) Statement
2 months, 3 weeks ago

Whether A “Prosecution Witness” Can Be Cross-Examined By Resort To Both The Limbs Of Section 145 Evidence Act (S.148 BSA) With Regard To His161 (3) Cr.P.C. (S.180 (3) Of BNSS) Statement

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In order to fully grapple with the issue, it may be necessary to closely examine the wordings of the relevant portions of Section 162 Cr.P.C. S.162 Cr.P.C., 1973 S.181 BNS, 2023 162: Statements to police not to be signed: Use of statements in evidence No statement made by any person to a police officer in the course of an investigation …

S.164 CrPC Statement Recorded By Judicial Magistrate Can't Be Retracted By Witness On Flimsy Grounds : Supreme Court
3 months, 3 weeks ago

S.164 CrPC Statement Recorded By Judicial Magistrate Can't Be Retracted By Witness On Flimsy Grounds : Supreme Court

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The Supreme Court observed that the statements recorded under Section 164 of Cr.P.C. Upholding the conviction, the Court observed that the retraction from the signed statements before the judicial magistrate under Section 164 Cr.P.C. In the present matter, there is no reasonable ground to reject the statements recorded under Section 164 CrPC and reliance has correctly been placed upon the …

Confession Of Accused Can't Be Proved Under S.27 Evidence Act, Only Statements Relating To Discovery Of Facts Admissible: Supreme Court
3 months, 3 weeks ago

Confession Of Accused Can't Be Proved Under S.27 Evidence Act, Only Statements Relating To Discovery Of Facts Admissible: Supreme Court

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The Supreme Court clarified that under Section 27 of the Evidence Act, only the specific portion of the statement of the accused which is directly linked to the discovery/recovery of evidence is admissible, and that the confession of the accused cannot be incorporated while proving a statement under Section 27. The learned Trial Judge has completely lost sight of Sections …

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case
5 months ago

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case

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The Supreme Court has ruled that when a defence admits the genuineness of prosecution documents and dispenses with its formal proof, then such evidence may be read as substantive evidence under Section 294 of Cr.P.C. The court held that the defence's admission of the documents could not be used to discredit the prosecution's story, as the prosecution had already supported …

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case
5 months ago

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case

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The Supreme Court has ruled that when a defence admits the genuineness of prosecution documents and dispenses with its formal proof, then such evidence may be read as substantive evidence under Section 294 of Cr.P.C. The bench comprising Justices Vikram Nath and Prasanna B. Varale said that after the prosecution's documents were admitted under Section 294 Cr.P.C. by the defence …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
1 year, 1 month ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

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The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court
1 year, 3 months ago

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court

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The Jammu & Kashmir and Ladakh High Court has recently observed that the successful contradiction of a witness's statement on crucial aspects of a case would totally discredit their account and render it unreliable and untrustworthy. A bench of Justice Sanjay Dhar observed: “It is true that even if defence is successful in contradicting a witness, it would not always …

Contradiction In Witness's Statements To Police And In Trials Won’t Affects Their Credibility
1 year, 4 months ago

Contradiction In Witness's Statements To Police And In Trials Won’t Affects Their Credibility

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The Supreme Court recently observed that a witness will not stand totally discredited merely because the testimony given during the trial contradicted the earlier statement given to the police. "No doubt statement given before police during investigation under Section 161 are “previous statements” under Section 145 of the Evidence Act and therefore can be used to cross examine a witness. …

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court
1 year, 6 months ago

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court

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The Supreme Court observed that Section 162 CrPC does not affect a Court's power to look into documents or put questions to witnesses suo motu to contradict them. "There is in our opinion nothing in Section 162 of the CrPC which prevents a Trial Judge from looking into the papers of the chargesheet suo motu and himself using the statement …

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case
2 years, 2 months ago

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case

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The Allahabad High Court recently acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case. The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of …

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers
2 years, 2 months ago

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers

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Recently, the Allahabad Hih Court has explained as to when the written statements of the witnesses could be considered to be statements duly recorded under Section 161 of CrPC.The bench of Justice Saurabh Shyam Shamshery observed that if the written statement has been submitted by the witness himself to the Investigating Officer and the IO assures. Recently, the Allahabad Hih …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 7 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court
2 years, 11 months ago

Testimony Of A Witness In A Criminal Trial Cannot Be Discarded Merely Because Of Minor Contradictions Or Omissions: Supreme Court

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The Supreme Court observed that the testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions.The bench comprising CJI NV Ramana, Justices Krishna Murari and Hima Kohli also observed that medical evidence adduced by the prosecution has great corroborative value.The court was considering appeals filed against the Patna High Court. The court …

Statement Of Witness Recorded U/S 161 CrPC Is Only For Confrontation In Cross-Examination, Does Not Fall Within Ambit Of Evidence: Allahabad HC
3 years ago

Statement Of Witness Recorded U/S 161 CrPC Is Only For Confrontation In Cross-Examination, Does Not Fall Within Ambit Of Evidence: Allahabad HC

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"It is crystal clear in the catena of judgement that statement of the witness recorded under Section 161 Cr.P.C. The statement of witness recorded under Section 161 Cr.P.C., being wholly, inadmissible in evidence, cannot be taken into consideration," the Allahabad High Court has held recently. The Bench noted that in reaching the conclusion of guilt, the trial Court had relied …

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court
3 years, 1 month ago

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court

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The Supreme Court observed that discrepancies between the FIR and any subsequent statement under Section 164 of the CrPC cannot be a ground for discharge without initiation of trial.Such discrepancies may be a defence during the trial, the bench comprising Justices Indira Banerjee and JK Maheshwari noted.In this case, a charge sheet was filed implicating the accused under various sections …

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years, 3 months ago

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder

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The Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal Code on the basis of inconsistencies between oral testimony of witnesses and medical evidence on record.A Bench of Justices L.Nageswara Rao and B.V.Nagarathna relied on Amar Singh v State of Punjab, wherein the. The Supreme Court has …

Criminal Trial- How To Prove Contradictions? Gauhati High Court Answers
3 years, 6 months ago

Criminal Trial- How To Prove Contradictions? Gauhati High Court Answers

Live Law  

The Gauhati High Court recently upheld the order of a trial court wherein it had rejected a plea on the ground that the defence side had failed to prove the contradictions of the witnesses in accordance with law. While examining the validity of such conclusion recorded by the learned trial court, the division bench of Justice Suman Shyam and Justice …

Accused's Burden To Prove His Defence Taken U/s 313 CrPC Is Not Beyond All Reasonable Doubts: Supreme Court
3 years, 7 months ago

Accused's Burden To Prove His Defence Taken U/s 313 CrPC Is Not Beyond All Reasonable Doubts: Supreme Court

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The Supreme Court observed that the burden of proof on an accused in support of the defence taken under Section 313 of Code of Criminal Procedure is not beyond all reasonable doubt as it lies on the prosecution to prove the chargeThe accused has merely to create a doubt and it is for the prosecution then to establish beyond reasonable …

Minor Contradictions Can Not Be A Ground To Discredit Witnesses' Testimony In Criminal Trial, Reiterates Supreme Court
3 years, 10 months ago

Minor Contradictions Can Not Be A Ground To Discredit Witnesses' Testimony In Criminal Trial, Reiterates Supreme Court

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The Supreme Court reiterated that minor contradictions can not be a ground to discredit the testimony of the witnesses in a criminal trial.The court was considering an appeal filed by the accused who were convicted for the offences under Section 302 read with 34, IPC and Section 135 of the Bombay Police Act. The Supreme Court reiterated that minor contradictions …

'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]
4 years, 8 months ago

'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]

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The Punjab and Haryana High Court has asserted that in a criminal case,"one cannot be expected to have an eidetic/photographic memory" and that "slight changes in the facts or alleged improvements are bound to happen, being natural". Word of caution: Statutory Presumption in section 29, POCSO Act is still a rebuttable presumption The bench noted that Section 29 of the …

Statement U/s 161 CrPC Inadmissible In Evidence And Cannot Be Relied Upon For Conviction: SC [Read Judgment]
5 years ago

Statement U/s 161 CrPC Inadmissible In Evidence And Cannot Be Relied Upon For Conviction: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a statement recorded under Section 161 of the Code of Criminal Procedure is inadmissible in evidence and cannot be relied upon or used to convict the accused. While setting aside a concurrent conviction in a murder case, the bench of Justices Ashok Bhushan and MR Shah observed that a statement recorded under Section 161 …

313 CrPC-False Explanation By Accused Can't Be Used To Complete The Chain Of Circumstances To Establish His Guilt: SC [Read Judgment]
5 years, 6 months ago

313 CrPC-False Explanation By Accused Can't Be Used To Complete The Chain Of Circumstances To Establish His Guilt: SC [Read Judgment]

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The Supreme Court has observed that non-explanation or false explanation by an accused in his statement under Section 313 CrPC cannot be taken as a circumstance to complete the chain of circumstances to establish the guilt of the accused.However, in this case, the bench comprising Justice Deepak Gupta and BR Gavai took into account the false explanation given by the …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]
5 years, 11 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]

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P R O L O G U E What prompted me to write this Article is an observation made in a recent judgment dated 25-02-2019 rendered by a Division Bench of the Kerala High Court in Criminal Appeal No. In the case on hand, the argument is with reference to statement given by PW2, a child witness to the Magistrate …

Making Contradictory Statements At Trial Isn’t An Offence By Itself: SC [Read Judgment]
8 years, 3 months ago

Making Contradictory Statements At Trial Isn’t An Offence By Itself: SC [Read Judgment]

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It must be shown that false statement was intentionally given for the purpose of using the same at any stage of the judicial proceedings, the court observed.The Supreme Court in Amarsang Nathaji vs. Hardik Harshadbhai Patel, has said the mere fact that a person made a contradictory statement in a judicial proceeding was not by itself always sufficient to justify …

Making Contradictory Statements At Trial Isn’t An Offence By Itself: SC [Read Judgment]
8 years, 3 months ago

Making Contradictory Statements At Trial Isn’t An Offence By Itself: SC [Read Judgment]

Live Law  

It must be shown that false statement was intentionally given for the purpose of using the same at any stage of the judicial proceedings, the court observed.The Supreme Court in Amarsang Nathaji vs. Hardik Harshadbhai Patel, has said the mere fact that a person made a contradictory statement in a judicial proceeding was not by itself always sufficient to justify …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 4 months ago

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

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The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 4 months ago

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

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The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the …

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