#161 statement

Can 161 Statement Used for the Purpose of Cross Examination

In Surendran v. State of Kerala, 1993 (2) KLT 674 the question whether 161 statement recorded by the Police in another case could be used for the purpose of cross examining one of the prosecution witness had come up for consideration. It was held as follows : – Section 161 of the Code empowers a police officer, who investigates the case, to examine any person supposed to be acquainted with the…

Criminal Procedure; Santhosh Kumar Vs. State [Kerala High Court, 26-10-2016]

Code of Criminal Procedure, 1973 – S.162 of the Code does not prohibit the use of the 161 statement of any witness in any other proceeding other than the inquiry or trial in respect of the offence for which the investigation was conducted. However the court should bear in mind the restrictions imposed under S.162 of the Code and S.145 of the Evidence Act because what is sought to be used from the…

V.A. Abraham Vs. Superintendent of Police [Kerala High Court, 14-01-1988]

Criminal Procedure Code, 1973 – Sections 161 & 162 – Evidence of Witness – Statement obtained during investigation – Previous Statements – Investigation in Anti Corruption Case – Recovery Mahazars signed by witnesses – Distinction with other cases. Evidence of Witness 1988 (1) KLT 379 : 1988 (1) KLJ 176 : 1988 CriLJ 1144 IN THE HIGH COURT OF KERALA AT ERNAKULAM Hon’ble Mr. Justice S. Padmanabhan…

Examination of Witnesses by Police u/S. 161 Cr.P.C.

Section 161 Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) titled “Examination of witnesses by police” 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. The purpose for and the manner in which the police statement recorded under Section 161 Cr.P.C can be used at any trial are…