Criminal Procedure Code, 1973, Section 161, 162 -- Statement recorded u/s 161 Cr.P.C. - Previous statements recorded u/s 161 Cr.P.C. can be used for the purpose of contradicting a witness, as provided u/s 145 of Evidence Act...........
Criminal Procedure Code, 1973, Section 161, 162 -- Statement recorded u/s 161 Cr.P.C. - It is absolute right of accused to use previous statements during cross-examination of maker of the same for the purpose of contradicting maker to shake the veracity of evidence spoken by him and to make it as untrustworthy of credit and the same is main purpose of cross-examination as..........
Criminal Procedure Code, 1973, Section 161 -- Statements recorded u/s 161 Cr.P.C. during investigation - Do not constitute substantive evidence - They can only be used for purpose of contradiction of statements recorded during trial by PWs...........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - While it is permissible for Courts to examine statements recorded u/s 161 Cr.P.C. for the purpose of ascertaining whether a prima-facie case has..........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - Exculpatory statement - Exculpatory police statement of an accused person u/S.161 Cr.P.C that implicates another co-accused, cannot be relied..........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C - Delay on the part of I.O. in recording statements of crucial witnesses casts a cloud on the very veracity of their testimonies - Further, discrepancies in timelines brought out by them demonstrates in no uncertain terms that narratives of these witnesses are not free from suspicion and doubt...........
Criminal Procedure Code, 1973, Section 161 -- Statements recorded u/s 161 Cr.P.C by a police officer during investigation - Cannot be used as evidence, albeit accused may use a part of statement in terms of S.162 Proviso Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C - Where the witnesses have turned hostile, their statements recorded u/s 161 Cr.P.C, cannot be read either as a substantive piece of evidence or as corroborating prosecution story...........
Criminal Procedure Code, 1973, Section 161, 164, Evidence Act, 1872, Section 32 -- Statement of prosecutrix (now dead) u/ss 161, 164 Cr.P.C - Statement itself is not admissible in evidence because statements u/ss 161, 164 Cr.P.C do not cover purview of S.32 Clause 1, 3 to 8 of Evidence Act - So far as S.32(2) of Evidence Act is concerned, statements are not available on..........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording of statement of witnesses - Investigation was not carried out properly by local police - State government handed over case to CID - No effective progress could be made by State CID also, hence investigation was entrusted to CBI - It is thereafter statements of several witnesses including u/s 164 Cr.P.C were..........
