Criminal Trial Fundamentals

Querist : Anonymous (Querist) 05 October 2010 This query is : Resolved
Dear All,

What are the basic ingredients one has to keep in mind while handling Section 161 Statement before Metropolitan Magistrate.

Best Regards

Anonymous

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Guest (Expert) 05 October 2010
The prosecution has to take care that there will be no material contradictions between S.161 statements and chief delivered before the court. The defence has to try to bring the contradictions between FIR, Section 161 statements and the chief of the prosecution witness.

M/s. Y-not legal services (Expert) 05 October 2010
161 statement mean its given by the witness peoples before the investigation officer. Not before the magistrate.. At the time of trial your chief should be based upon your 161 statement.

M/s. Y-not legal services (Expert) 05 October 2010
If you show any contradiction mean judgement wil be favour to the accused..

pawan sharma (Expert) 05 October 2010
yes , 161 recorded by I.O. not of the Magistrate.

pawan sharma (Expert) 05 October 2010
you can denye it or afferms its but main evidence aer those you made before the Magistrate on oath.

Silabhadra Sastry Advocate (Expert) 05 October 2010
I am agreed with Tom & Pawan jee,that 161 is to be recoeded before the police,where in the witness has not to sigh on it,but the statement before the magistrate u/s 164 is to be signed by the witness which has to be followed during trial.