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sridhar pasumarthy (ADVOCATE)     17 February 2024

Defective investigation of criminal case

Respected Members,

In a case of Section 354D of I.P.C., 161 Cr.P.C. Statement of Lady Victim was recorded by a Male police officer in lieu of Woman Police Officer as contemplated under 2nd Proviso to Section 161 Cr.P.C.

Is it not mandatory to be recorded by Women Police Officer only.  If so, can accused take any advantage out of it.

Pls Reply.  Thanks in advance..  


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     17 February 2024

It is a matter of trial and the objections can be recorded during trial proceedings for deviation in following the procedures of law during investigation and recording of statement from the victim or defacto complainant.

1 Like

sridhar pasumarthy (ADVOCATE)     17 February 2024

Pls elaborate in what way defence counsel can take objection and how it would be helpful to accused



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