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Witness changing statement during trial

Querist : Anonymous (Querist) 17 October 2021 This query is : Resolved 
During investigation in a accident case, witness statements were recorded by IO and the chargesheet is submitted in court. During trials. Can the same witness change the statement and deny what has been recorded in chargesheet?

Does court consider just changed oral statements during trial? what will happen next?
Dr J C Vashista (Expert) 18 October 2021
Statement made before IO (under section 161 Cr PC) has no evidentary value except the fact it may be used for corroborative purposes.
Statement made by a witness before the Court in his / her deposition shall hold good in evidence, despite the fact it differed with earlier statement made before IO.
K Rajasekharan (Expert) 18 October 2021
The unsigned statement made before the Investigating Officer under 161 or 162 CrPC has no much use in the criminal proceedings except for using it for the purpose of contradiction.

It cannot be used for corroboration. But 164 statements can be used for corroboration, as well.

The oral testimony given in the court during witness examination will have no much value at all, if the defence could establish or prove clear ‘contradiction’ with the previous statement under 161, in accordance with the procedure prescribed under 145 of the Indian Evidence Act.

Such proving of contradiction can put the credibility of the witness in question under Section 155 of the evidence act, as well.

I have tried to explain what contradiction means and its specific procedures in an article based on case laws relating to it with some links, at https://lawwatch.in/contradicting-a-witness-by-his-previous-statement/


P. Venu (Expert) 18 October 2021
What is the context for this query?
Advocate Bhartesh goyal (Expert) 19 October 2021
Yes, Statement made u/sec 161 Cr.P.C has no evidentiary value except used for contradictions but statement of witness u/sec 164 Cr.P.C is considered as a valuable. evidence.


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