Statement under crpc 161 recorded twice.

Querist : Anonymous (Querist) 15 August 2023 This query is : Resolved
Respected legal freternity,
I am undergoing a false criminal case. I want to know if statement under 161 can be recorded twice or more.

Already 2 charge sheet has been filed. Statement under 164 has been recorded 4 years back. Now the opposite party has come up with fabricated documents and asked for the further investigation.

1.Can statement under 161 recorded multiple time?
2. If new statement is recorded then what will happen to first statement under 161?
3. If no such facts (whatever has been submitted in further investigation) were ever mentioned in statement under 164, then can it be used as omission and contradiction in cross examination?

Pls help me with these queries. I will be grateful to you all. Thanks

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T. Kalaiselvan, Advocate (Expert) 15 August 2023
The Magistrate is not required to record the statement every time at the instance of the Police or Investigating Officer. One can deny the recording of subsequent statements based on the statement given to the Magistrate and recorded. Section 161(3) requires that witness testimony under Section 161 be recorded in the first person and not in an indirect form of speech. An oath or affirmation is not needed during a witness examination under this Section.
2. A statement recorded under Section 161 Cr. P.C. can be used only to prove the contradictions and/or omissions." The Supreme Court has reiterated that a statement recorded under Section 161 of the Code of Criminal Procedure is inadmissible in evidence and cannot be relied upon or used to convict the accused.
3. The difference between the statement recorded u/s 161 by the police and u/s 164 before the Magistrate is that the statement recorded u/s 164 of the CrPC before the Magistrate is on oath and the witness if found afterwards turning it down then he will be charged to give false evidence.

Dr. J C Vashista (Expert) 16 August 2023
How do you say / find that your statement has been recorded twice ?

Querist : Anonymous (Querist) 16 August 2023
Thanks T. Kalaiselvan for the time and advice sir

Querist : Anonymous (Querist) 16 August 2023
Thanks Dr vashisht for your time. It was not my statement, but statement of my opponent. I am accused of a case. My query was pertaining to possibility of second statement under 161 crpc.

Now the opposite party has come up with fabricated documents and asked for the further investigation. They are turning their previous statement under 164, 161 and so on.

My question is it legally fit to record multiple 161 statement.

Thanks

T. Kalaiselvan, Advocate (Expert) 17 August 2023
The statement obtained under the section 161 cr.p.c. is not an admissible evidence, it cannot be relied upon or used to convict the accused, hence you don't worry about the multiple statements obtained under the said provisions of law.

Statement under crpc 161 recorded twice.

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