SECTION 160-164 CRPC By Abhishek Rana at Lexcliq

  1. Police Officer’s power to require attendance of witnesses
  • (1) Any police officer making an investigation under this Chapter may by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who from the information given or otherwise, appears to be acquainted with the fads and circumstances of the case and such person shall attend as so required:
  • Provided that no male person under the age of fifteen years or above the age of 65 years or a woman or a mentally or physically disabled person shall be required to attend at any place other than the place in which such male person or woman resides.
  • (2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.
  • Points to Ponder:
  • No External means to compel appearance
  • Enabling provision
  • If oral order then curable irregularity
  • Investigation u/Chapter XII only
  • Order of Sec. 160 is not like Summons so consequential orders like arrest, seizures can’t be done.
  • Non-compliant witness will be liable under Sec. 174 IPC { M.N. Shreedharan v. State of Kerela (1981 Ker.)}
  • I.O. satisfaction: Person is aquainted with facts: either from information of some person in process of investigation or upon his own prudence.
  • Witness can’t be ordered to produce documents rather it is order of personal presence only.

Examination of witnesses by police

(1)Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

  • Here “any person” includes accused

(2)Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

  • (Hit by 20 (3) Constitution of India & Sec. 25 IEA)

(3)The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

  • *[Provided that statement made under this sub-section may also be recorded in audio –video electronic means.]

Points to ponder:

  • Examination in QA form though narrative form is also not irregular.
  • 160 & 161 may apply simultaneously.
  • Discretion wrt reducing into writing bvo 161(3).
  • Need not required to first examine orally then reduce that into writing. May do directly reducing into writing.
  • Recording shall be in course of examination only (161(3). If witness himself writes and gives information to police then it will not be a statement under 161.
  • Statements recorded in “1st person” and QA form.
  • Copy of such record will be given to accused for his defense. (Sec. 207). Summary of such record as entered in case diary (last pages) will not be given to accused as they are for personal convenience of p.o.
  • Such record of statement may be signed by p.o. or such other person in whose presence statement was recorded for purpose of creating evidence. Not to signed by person making statement in any case (barred by 162).
  • If witness does not answer questions except those which incriminate him, he may be liable under Sec. 179 IPC. (R/w Sec. 132 IEA,1872: It applies at stage of Inquiry & trial not at investigation)
  1. Statements to police not to be signed: Use of statements in evidence
  • (1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made.
  • Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872); and when any part of such statement is so used any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination
  1. No inducement to be offered
  • (1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the Indian Evidence Act, 1872 (1 of 1872).
  • (2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will:
  • Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164.
  1. Recording of confessions and statements.
  • 1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:
  • *[Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:
  • Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.

(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

  • (3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
  • (Means person will be sent only to Judicial custody.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Abhishek Rana at Lexcliq

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