cpc

statement recorded under sec. 161 cr.p.c.


statement recorded under section 161 Cr.P.C. by Investigation officer and Charge Sheet has been submitted,wheather certified copy can be obtained from court  ? is there any citation/authority?

 
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What is the need of certified copies? After submission of CS the court shall provide the accused copy(Sec.207 CrPC) to the accused containing the 161 statements, medical reports, CS and all other documents on which the prosecution relies.

 
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Subhadeep ji , point is not to get copy of statement recorded u/s 161 Cr.P.C. Photo State copies of all document can be obtianed easily from court office but they can not be said autheticated. Undoubtedly Courts provides the copy under section 207 or 208 Cr.P.C. only to accused not others. Point is this that any one other than accused can obtained them. It was held in Avinash Kumar V/s State, 1963 Cr.L.J. 706 that in the Interest of justice , the accused can apply for and obtain certified copies of statement recorded under section 161, Cr.P.C. and use them during the trial.  But it is silent regarding other person.

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Joshi ji

please dont take otherwise, if you know the answer then why are you paste a query. either you are examing the Ld. friend's knowledge or will to show you knowledge to members.

sorry about this.

 
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Nadeem ji, I am neither testing knowledge nor showing my knowledge Really I don't now, wheater a person other than accused have a right to obtain certified copy ? I filed an application to obtained them, despite filling the rulling of Avinash Kumar V/s State, officer incharge dismissed it holding statements are the part of case diary, which is not a part of court record and , only accused person is entitled to obtain. I think approch of Ld. officer is not correct , so I need help.

 
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Legal Evangelist - TRIPAKSHA

No, none other than parties or advocates can get the copies of any case file till the trial is ensuing.

 

 

Regards,
 
Shonee Kapoor
 
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I have a query related with case diary. After police file the chargesheet for 498a against me i went to highcourt for quashing and i took the chargesheet photocopy, FIR photocopy and one photocopy of statement of one witness (sec 161) from the court babu. Now the opposite party filed a case u/s ipc 379 against me that i have steal the case diary. Police or Judge has not classified this document as secret. More over i have also got this documents from the court (207 compliance). Due you think i should go to high court for quashing. As per the FIR i steal this document from police but i was going through section 173 and 207 173. Report of police officer on completion of investigation.— *** *** (5) When such report is in respect of a case to which Section 170 applies, the police officer shall forward to the Magistrate along with the report— (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses. (6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5). 207. Supply to the accused of copy of police report and other documents.— In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:— (i) the police report; (ii) the first information report recorded under Section 154; (iii) the statements recorded under sub-section (3) of Section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of Section 173; (iv) the confessions and statements, if any, recorded under Section 164; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of Section 173: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court. A perusal of these legal provisions makes it clear that: (1) Section 173(7) of Cr.P.C. gives a discretion to the police officer to provide copies of all or any of the documents (including statements of witnesses) to the accused, if he finds it convenient. (2) However, under Section 207 of Cr.P.C., it is mandatory for the court to provide copies of the investigation papers. (3) Though the legal provisions laid down as above, in actual practice, it is the police officer who provides copies of the papers of the investigation to accused persons after filing of the chargesheet. (4) As per Section 173(5) of Cr.P.C., the police officer is required to send to the court only those documents on which the prosecution proposes to rely and only those statements of witnesses whom the prosecution proposes to examine. Moreover, under Section 173(6) of Cr.P.C., the police officer can request the court to exclude certain statements or their parts from the copies to be given to the accused person by the court, for the reasons mentioned in that section. (5) Section 207 of Cr.P.C. describes copies of what documents or statements have to be given to the accused persons. Basically, these include the chargesheet, the F.I.R., statements of witnesses, confessions and other documents of investigation on which the prosecution proposes to rely. While giving the documents to the accused, the court may not give copies of those statements for which the police officer has made a request under above-mentioned Section 173(6); however, the court may decide to give copies of such statements also if it considers necessary. (6) Section 207 of Cr.P.C. further provides that if a particular document is very voluminous, the court may allow only inspection of the document instead of giving copy thereof to the accused person. From the about discussion, it should be clear that ordinarily copies of all papers of the investigation (the F.I.R., the chargesheet, statements of witnesses, and other documents) are given to the accused persons. However, sometimes, copies of certain documents may be held back due to the reasons mentioned above. Likewise, copies of certain voluminous documents may not be provided to the accused persons, and instead, only the inspection may be permitted. It may be pointed out that getting copies of the papers of the investigation is an important right given to the accused. It is also a basic principle of natural justice since the accused must know what charges he has to meet and what is the evidence that will be used to prove those charges. Any violation of this basic right of the accused may vitiate the trial procedure, depending on the nature of miscarriage of justice caused by such violation.

 
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