Scope and relevance of statements under Section 161 CrPC

Object and purpose of Sec. 161 of CrPC is to collect evidence with regard to the commission of an offence by examination and record of the statements of the witnesses’ material with regard to the commission of the offence. Signing of statement u/s 161 is prohibited u/s 162 of the CrPC, it is prerogative of police officer to record the statement of a witness examined.

The police records the statements u/s 161 CrPC are not evidence for prosecution. They can be used by the defence for contradicting the prosecution witnesses. But when the prosecution witness turns hostile, with the permission of court, the Public Prosecutor can cross examine that witness by using his u/s 161 CrPC statements to establish contradiction.

Evidentiary value of U/S 161 of CrPC statement if signed by witness

The signature of witness u/s 161 of CrPC, statement is not necessary. Taking signatures of the witnesses on the statements given u/s 161 of CrPC is expressly prohibited u/s 162 of CrPC. If the said provision is violated then it may diminish the value of the testimony of the witnesses before the court.

The law says that when signature of the person is obtained in his statement recorded during an investigation that statement shouldn’t be ignored. The signature of the witness makes the statement authentic. However, the court must be cautious in appreciating the evidence that the witness who gave the singed statement may give in court.

Parvat Singh v. State of Madhya Pradesh [Cr. Appeal No. 374 of 2020]

The Apex Court in the case of Parvat Singh v. State of Madhya Pradesh [Cr. Appeal No. 374 of 2020] held that “a statement recorded under Section 161 Cr.P.C. can be used only to prove the contradictions and/or omissions.” It was stated that a statement recorded under Section 161 of the Code of Criminal Procedure is inadmissible in evidence and cannot be relied upon or used to convict the accused.

The bench of Justice Ashok Bhushan and Justice MR Shah stated that a statement recorded u/s 161 CrPC can be used to prove the contradictions and/or omissions only.

Brief facts of the case

In the instant case, Parvat Singh and others were convicted by the Trial Court that found them guilty of offences u/s 302 r/w Section 149 of the IPC who have killed one Bal Kishan. The High Court confirmed the judgment of the Trial Court and it relied on the statement given by one of the prosecution witnesses’ u/s 161 CrPC wherein she stated that the accused were having lathis.

After perusal of the evidence on record, it was noted by the bench that there are material contradictions, omissions and improvements in the statement of the prosecution witnesses recorded u/s 161 CrPC and deposition before the Court qua the appellants. It was further observed by the Court that the statement that the accused were having lathis was not made in deposition as Prosecution witnesses.

The bench after the observation stated that “As per the settled preposition of law a statement recorded under Section 161 CrPC. is inadmissible in evidence and cannot be relied upon or used to convict the accused. As per the settled proposition of law, the statement recorded under Section 161 CrPC. can be used only to prove the contradictions and/or omissions. Therefore, as such, the High Court has erred in relying upon the statement of PW8 recorded under Section 161 CrPC while observing that the appellants were having the lathis.”

In the instant case, the bench set aside the conviction observing that the benefit of material contradictions, omissions and improvements must go in favour of the accused.

Conclusion

Recording of statements u/s 161 of CrPC, plays a pivotal role in criminal trial. It is used to contradict between evidence of a witness and the statement recorded u/s 161 of CrPC before the court. The statements are also used primarily to shake credit of the witness. It is the duty of all judicial officers to pay special attention to the provisions of Sec. 161 of the CrPC, to enable them to have clear notions about all relevant provisions.