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VENKS (S)     10 July 2011

False statement given in 161 crpc

Hi,

 

Can the accused file a case against the person who made false statements in 161 crpc?

 

Thank You.



Learning

 10 Replies

pratik (self working)     10 July 2011

good question. Also can a  case against the person who made false statements under section 499 of the IPC or which case can be filed.

Also there is the question which is not clear till now that why a witness is not booked u/s.499 of the IPC. Can anybody provided the case law becasue i have never ever heard that witness is booked under section 499 of theIPC, 1860. He/she can also give the false evidence in the court. He/she can also bad words which creates the reputaition of the accused. SO why witness are not booked u/s 499? 

KNK A Learner (Learning to share)     14 July 2011

CrPC 161 Statements are not valid unless the statements confimed on Oath in court, The witness may become hostile at any time in the trail. The witness may tell that under the influence of Police they gave those statements, so dont relay on the 161 Statements.

P V Namjoshi (pvnamjoshi@gmail.com)     14 July 2011

Can be controdicted by using the provisions of Sec. 162 Cr. P.C., and Sec. 145 and 154 of Evidence Act. Study the law relating to Criminal Trial. 

P V Namjoshi (pvnamjoshi@gmail.com)     14 July 2011

See provisions from Sec.193 to 211 of the IPC and also Sec. 340 and allied section of Cr. P.C. 

Siv (engineer)     19 July 2011

Dear All,

 

File a pplication in Court U/s 311 of CrPC to summons the witness who gave CrPC-161 statement and make the witness submit his version in court then file application U/s 340 of CrPC read with section 195 of CrPC for the offences mentined in section 195 of CrPC.

 

Refer the citation :

 

                       i.                    Supreme Court of India, Criminal Appeal No. 402 of 2005 (Arising out of Special Leave Petition (Criminal) No. 4111/2000) with Criminal Appeal Nos. 904 and 1069-1070/1998, Decided On: 11.03.2005.

 

                     ii.                    Judgment from Hon’ble Supreme Court of India CITATION: 1967 AIR 528 1967 SCR (1) 520 CITATOR INFO: F 1969 SC 355 (7), F 1971 SC1708 (12), D 1979 SC 777 (15, 18, 20, 36, 37), R 1981 SC 22 (13).

THANKACHAN V P (Advocate & Notary)     19 July 2011

161. Examination of witnesses by police.

(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case Put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

I fully agree with KNK

VENKS (S)     20 July 2011

To Mr. Thankachan,

 

If crpc 161 is false, is it not considered giving false statement to public servant?

 

If not, when does giving false information to a police (public servant) arise?

 

Thank you.

THANKACHAN V P (Advocate & Notary)     20 July 2011

Dear Venky,

When did  a statement under 161 become true or false ?Only after  putting  the witness in the box  to prove or contradict with 'his statement' under 162. Can the court take action  against witness if he denies statement given to investigating police? No, because not only it is a statement given to the police but also not a signed one.How  can we say that it was not  prepared by the police at the station in the absense of the witness . So I think it is  not easy book a witness for giving false statement to police under 161 Crpc.

 

Thankachan

VENKS (S)     20 July 2011

Thank you Mr. Thankachan for clarifying my doubt.

a.b.natraj (inicitar)     28 January 2012

 a statement under 161 can we consider as defamatory ? we can file against them u/s 500 ipc . an 161even the statements not confimed on Oath in court


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