Sec.161
munnu
(Querist) 07 February 2012
This query is : Resolved
Can the statements recorded under sec.161 of CrPC be used in a civil case for the purpose of contradiction..?
V R SHROFF
(Expert) 07 February 2012
“SORRY, Can't reply THESE TYPE OF QUERY having Repetitions, Academic, contains SMS Language, Commercial, Vague and Imaginary query.”
Devajyoti Barman
(Expert) 07 February 2012
First specify the details of the case in respect of which you require the reply.
“SORRY, Can't reply THESE TYPE OF QUERY having Repetitions, Academic, contains SMS Language, Commercial, Vague and Imaginary query.”
Advocate M.Bhadra
(Expert) 07 February 2012
Needs details to give proper advise, provision of sec.161 Cr.P.C. is not applicable in Civil Procedure Code,but if it was related case then it may be an additional evidence in Civil suit.
munnu
(Querist) 07 February 2012
it was a suit for recovery of damages for the mischiefs committed by the defendants....there is a connected criminal case against the accused...the suit was filed after laying the final report before the criminal court and is pending trial now..suit came up for evidence and while the plaintiff was in box during cross examination i put the statement given by the witness under sec.161 crpc while the criminal case was under investigation, to contradict his evidence ..but the plaintiffs consel opposed saying that it cannot be used for any purpose than the purpose mentioned under sec.162.court accepted his objection and i could not use the same....still am confused why it cannot be used as a previous statement for the purpose of contradiction as provied under sec.145 of evidence Act.
Devajyoti Barman
(Expert) 08 February 2012
The statements recorded u/s section 161 crpc has no evidential value unless corroborated in trial.
So in civil cases it has no relevance till his examination is completed in the criminal case.
dev kapoor
(Expert) 12 February 2012
Hi,
No doubt statement under section 161 Cr.P.C is a 'previous statement' & like all previous statements can be confront to the maker or scribe.But since it is not a signed statement,it cannot be confronted to the witness.However,the same can be confronted to the scribe i.e. police officer having written it.Read Ss.145 & 157 Ev Act
Agree with friends here that this type of qns are of academic discussion & cannot be replied through this forum.Better be precisely state the 'case or problem' in articulate words.
Hv a nice Sunday
