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sunil (prop)     24 May 2020

Statement under section 161 crpc

Respected Panelist,

In a case of criminal trial – is this allowed that:

Prosecution presents a witness (eye witness/chance witness) without taking his statement under section 161 CrPC?

 Investigating officer (IO) forward a request to the Magistrate for statement under 164 CrPC of the victim without taking his statement under section 161 CrPC?

Investigating officer (IO) only attach statement under 164 CrPC of the victim with the charge sheet?

Can accused raise prejudice against the IO?

Please enlight with your expert advice.

Please also mention any case law citation which can help.

Many thanks.



 1 Replies

sunil (prop)     25 May 2020

Dear OmPrakash Ji,

Many thanks for your advice.

Please enlight on one issue: 

Statement of PW u/164CrPC is only available in the records,

a) Is that means Statement of PW recorded u/161CrPC is NOT forwarded by the IO with the charge sheet?

OR it means

b) that there is NO Statement recorded u/161CrPC and only statement recorded of this PW is u/164CrPC?

Note: Defence is looking for the statement under161 CrPC which is suposed to be recorded at the earliest after the FIR registered and to findout contradictions in statement under 164 CrPC recorded after 3 weeks of the said FIR registered.



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