Statement U/S161 CrPc ; Importance 

 

Statement U/S161 CrPc ; Importance/Supplementary Statement/Ll.b Course/Online Law Lecture/PPC/Law

Sometimes, the complainant is reluctant to record the statements of witnesses timely, due to which his version becomes doubtful at the time of the trial.

As we all know, the famous dictum and rule that
 “an accused is the blue-eyed innocent child of Law”,

you should well know this fatal precedent- especially for the prosecution case.

And you should know that any benefit of the doubt would lean in the accused’s favor.

You also know that

“prosecution should stand on his own footing” and it does not allow the prosecution to fulfill the lacunas at the time of the trial.

So, keeping in view of all above references along with others, record the statements of witnesses u/s 161  timely, as early as possible, and above all with the consultation of your trusted Advocate.

I am emphasizing this point with a view that these statements are the primary pieces of evidence for the conviction of an accused as we give these statements to the accused at the time of the framing of charge.

When a witness presents himself for the examination in chief before the trial court,  corroboration of his previous statement u/s 161 is necessary.

Higher the difference between them both, lesser would be the chances for the conviction of the accused and vice verse.

“Ignorance of Law – no excuse “

 So, your awareness with the relevant law would be of utmost importance.

1. The witness should mention the time and date of occurrence,
2.Place of occurrence,
 mentioning of recovery (if any),
3. The nature of an offense committed by the accused,
 4. The number of accused,
 5.  The number of witnesses,
 6.   kinds of weapons (if any),
 7.   The difference of distance between accused and witnesses and complainant,
  8. The nature of motive,
9.   Time, date and place when the Investigation Officer recorded the Statement of 161 CrPc.

11. Proceeding of investigation in which he took part.
12.  Date, time and place of recovery recovered in his presence (if any)
       and other relevant facts and figures well known to the witness for the proof of the connection of an accused with the commission of the offense.

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The eyewitnesses should mention that they had seen the occurrence if they have seen the occurrence.

In case the occurrence was daylight occurrence then their statement should be clear.
 In case it was a nightly occurrence, then they should state that through which source they identified the accused. For example and torch, etc.

If the witnesses are chance witnesses or relate to last seen occurrence, then their statements should be vivid, crystal clear about the identification of the accused.

Statement U/S161 CrPc ; Importance 

 

The evidence of  WAJ TAKKAR should also be corroborated at the time of a statement of 161 and examination in chief.

The statements of witnesses relating to the extrajudicial confession are often against the law and facts, resultantly the acquittal of the accused.

It is a normal practice that the investigation officer records the statement that the accused confessed publicly or over one witness.

  criminal procedure code bars Such extra-judicial confession.  Such confession bears no excuse against the acquittal of the accused.

Extrajudicial confession is also a week type of evidence, and the conviction of the accused is hardly possible.  unless in the presence of strong incriminating material present on the record.