Showing : 21-30 of 136 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Evidence Act, 1872, Section 154, Criminal Procedure Code, 1973, Section 161-- Hostile witness - PWs turned hostile, however, their alleged statements made to police u/s 161 Cr.P.C. were not confronted to them and marked as exhibits - Even I.O has not spoken in his evidence anything about the alleged statements of hostile witnesses recorded u/s 161 Cr.P.C. - No reliance..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 161(2), Constitution of India, 1950, Article 20(3), 21-- Narco-analysis polygraph test (Lie-detector test) and BEAP (Brain Electrical Activation Profile) test - Without consent of accused and against his will - It is violative of `right against self-incrimination' guaranteed u/arts 20(3), 21 of Constitution and also violative of S.161(2) Cr.P.C. -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witness - Neither PW1 nor investigating officer confronted with the statement and questioned about it - Statement of PW1 recorded u/s 161 Cr.P.C cannot be looked into for any purpose much less to discredit the testimony of PW1 and prosecution version...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Examination of witness - Delayed examination - No question put to investigating officer on delayed examination - Contention of delay in recording statement u/s 161 Cr.P.C., therefore not tenable - As mere delay in examining a witness does not make his evidence unreliable...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witness - Statements u/s 161 Cr.P.C. recorded during investigation is not substantive pieces of evidence but can be used primarily for the limited purpose i.e for: (i) contradicting such witness by an accused u/s 145 of Evidence Act; (ii) contradiction of such witness also by..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 Cr.P.C. - During investigation of a case an accused is not entitled to get a copy of statements recorded by investigating officer u/s 161 Cr.P.C. or other documents which as of right he will get u/ss 207/208 Cr.P.C. on his appearance after he is issued process u/s 204 Cr.P.C. -..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Delay in examination of witnesses by police - Depends upon various factors including preoccupation of I.O with other cases and no, availability of witnesses - Any delay in examination of witnesses during investigation cannot alone be a ground to discredit the witnesses if they are otherwise..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Statement of eye witness - Delay in recording statement - Belated recording of statements of eye witnesses would not ipso facto affect the prosecution case in view of fact that version as stated by PW2 was entirely found in the complaint lodged by PW1 within 2 or 2-1/2 hours of incident...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 161-- Statement of PW-14 recorded after two years and eight months of occurrence - Explanation given that he was threatened by co-accused - After his statement was recorded, accused was arrested after six years and nothing happened to him during the said period - Plea of being threatened for such a long..........
KERALA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 161-- Statement u/s 161 can be used for limited purpose of impeaching the credibility of a witness - It cannot by itself be treated as substantive evidence in a criminal trial...........

Showing : 21-30 of 136 Results