Upgrad LLM

can 161 crpc statement use for defense witness ?

Respected to all my senior Sirs


I have one query that, 

statement of witnesses are recorded under 161 Cr.Pc. by police during investigation for prosecution witnesses trial purpose.

but if there is statement of witness u/s 161 which can make defense case strong or help to acquial to accuse and prosecution lawyer not bring him for trial.

Then can defense lawyer bring that witness ( whose 161  Recorded by police) after completion 313 crpc of accuse ? .... and make that witness as a Defense Witness ?


99.99% Defence witness will not considered and mentioned in charge sheet under 161......

Judge will not ask for defence witness and will not issue summons atmost...But based on some situations where it might needed or based on lawyers argument judge may send summons.




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