Section 161 of the Code of Criminal Procedure (CRPC) is an important aspect of India’s criminal justice system. This section describes police officers’ authority to question witnesses and take notes while conducting an investigation. Both the general public and legal professionals must understand the nuances. This article will go into detail about the main points of Section 161 CRPC, its significance, and the rights of those involved.
What is Section 161 CRPC?
Police questioning of witnesses by the 1973 Code of Criminal Procedure (CRPC) is a crucial step in case resolution and criminal punishment. Under the guidelines of the 1973 Criminal Procedure Code, the police obtain a witness’s statement during a witness examination to continue the investigation. Nevertheless, the CRPC does not define the term “statement.” A proclamation or explicit expression of anything in writing or speech is what the Encyclopedia defines as a statement.
The police may question witnesses whenever necessary to get their statements recorded under Section 161 of the CRPC. Presenting evidence to the court during the trial is the primary goal of this section. This information can assist the court in drafting charges against the criminal.
Who is a Witness?
- Anyone who witnesses an incident—typically a crime or an accident—or who testifies under oath in court is considered a witness.
- As the name suggests, a “witness” is anyone who witnessed the crime and has firsthand knowledge of any incident in a criminal case, which aids the attorney in presenting their case and the courts in making decisions.
- During a criminal prosecution, the witness is frequently summoned to appear in court and give a statement.
Section 161 CRPC Amendments
- The Criminal Procedure (Amendment) Act of 2008 resulted in the addition of a clause to Section 161(3) that states that the “statement may be recorded by audio-video electronic means.” On December 31, 2009, it became a law.
- A woman police officer is required to record any statements made concerning specific offences against women or children under the Indian Penal Code, including Section 354 and Section 376, as outlined by the Criminal Law (Amendment) Act, 2013, which came into effect on February 3, 2013. It has been added to CRPC Section 161(3).
Section 161 CRPC Case Laws
- According to Section 145 of the Evidence Act of 1872, it was determined in the Sewaki v. State of Himachal Pradesh case that statements made by investigating officers under Section 161 are not subject to cross-examination or oath recording. According to the rules of evidence, these claims are not substantive pieces of evidence since they do not support the facts they claim to represent.
- In the Ravikant Sharma v. State of NCT of Delhi case, the Supreme Court elucidated the privilege concerning witness statements taken during an investigation under Section 161 of the Evidence Act. It concluded that since the statements of witnesses recorded during an investigation do not include the investigation officer’s interpretation, any order requiring the provision of the “gist” of these statements was unsupportable.
Investigation of Crime by the Police
- visiting the scene of the crime.
- examination of the facts of the case.
- identifying and apprehending the suspected offender.
- assembling the evidence.
- deciding if the accuse must be brought before a magistrate for trial and, if so, completing the necessary steps by creating a charge sheet by Section 173 of the CRPC, 1973.
The Evidentiary Value of Police Statements
In essence, Section 161 of the CRPC does not require a witness to sign a statement because Section 162 of the CRPC forbids this practice. When witnesses appear in court, their testimony may lose credibility if this section is broken. However, it is not legally required that a statement made during an investigation be disregard just because someone signed it. The court must be cautious when assessing the evidence that the witness who made the false statement may present in court in such a situation.
The Apex Court pointed out in the 1999 decision in State of Rajasthan v. Teja Ram and others that Section 162 of the Criminal Procedure Code does not specify that a witness’s testimony in court is inadmissible. Furthermore, it only serves to alert the court and may necessitate a careful review of the facts if it turns out that the witness sign the statement of witnesses that was recorded during the investigation at the officer’s request.
Conclusion
Section 161 of the CRPC is crucial to India’s criminal justice system because it enables police officers to gather witness statements during investigations. Despite its flaws, such as the statements’ lack of substance, the general public and legal experts need to understand its nuances.
