Copy of statement u/s 161 not served???

Ravikant Soni (Querist) 15 January 2012 This query is : Resolved
The police has taken the statement of wit. under section 161 twice. In earlier statments there has been made out no offence. So police concocted the new story and have taken new statements again.

With chalan papers police has filed the culpatory statements not the earlier inwhich accused is shown innocent. By this reason defense could not contradict the same when witness came in wit box as well.

The right of accused to crossexamin and contradict the witness has ruined.

Now what is the recourse??

Follow Query

Report Abuse

dev kapoor (Expert) 15 January 2012
Hallo Mr Soni,
You have put in a qn of very important nature on the criminal jurisprudence & the answer cannot found in a straight jacket.Could you please clear as to HOW do you know about the earlier statement u/s 161 in which no offence said to be made out?
Thanx !

Raj Kumar Makkad (Expert) 15 January 2012
IO has to establish the chain of events leading to the commission of the crime. As statement recorded under section 161 Cr. PC do not require signature of the witnesses, little scope remains to contradict them especially in your case wherein during the investigation the witnesses changed their version.

The accused has got no legal right to obtain the statements or investigation proceeding conducted by IO pertaining to the case under discussion as this is the prerogative of the police/court only.