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Discussion > Criminal Law > IPC > Change the statement recorded to police in the court   Unanswered Threads Post New Topic

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There are 3 Replies to this message


[ Scorecard : 24]
Posted On 22 February 2012 at 23:21 Report Abuse

I had complained to the police of a theft case with me and they arrested that person who himself was a cop in delhi police. He is in jail right now from past 6 months and now i have to go to court for recording of my statement for the first time since he was caught. In my official statement to the police it is not wriiten that the person caught was him.

I want to know if i reverse the statement given to the police in the court is there will be any case filing against me by the court?

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Ganga Dhar

Junior Advocate
[ Scorecard : 61]
Posted On 26 February 2012 at 22:51 Report Abuse

Dird, statement under section 161(3) CrPC is no evidence, it can only be used in the court to contradict the maker of the statement and if you have made some statement under the act then you can change that statement and very well say that police did not record so and so or recorded which you did not state. You would be subjected to cross examination by the opposite party means if you are Prosecution Witness (ofcourse you are) then the defence can contradict you against your earlier statement.

The statement which you would be submitting in the court as PW is called examination-in-chief or chief examination and if you do not tow the line of prosecution and if it goes against prosecution then you could be treated hostile and even prosecution can cross examine you.

But if you can withstand the defence cross examination and if you are true then go ahead otherwise dont ruin some innocent's life. You may have some personnel grudge against anybody but please don't implicate him falsely in a criminal case. Rest is up to you because I believe in life after death.

Shonee Kapoor

Legal Evangelist - TRIPAKSHA
[ Scorecard : 43004]
Posted On 28 February 2012 at 23:45 Report Abuse

However, I differ, any other statement would benefit the accused only.


Shonee Kapoor

Ganga Dhar

Junior Advocate
[ Scorecard : 61]
Posted On 29 February 2012 at 20:39 Report Abuse

See Mr. Shonee, It would be more appropriate to know the difference between statement before Investigation Officer which is covered u/s 161 Cr PC which is NO EVIDENCE and it can be used by the defense/accused to contradict the maker of it when he gives statement in the court which is regarded as Evidence and is called Chief Examination of PW and if he states anything different to his statement u/s 161 Cr PC and if he withstand the cross-examination by the defense/accused then it is Evidence,

Mr Dird if had given statement even u/s 164 Cr PC then also NO PROBLEM. The only test is that he should withstand the cross-examination by the defense/accused.

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