265. Recording of statements under section 161, Criminal Procedure Code.
- Besides the diary an investigating officer has discretion, under section 161 of the Code of Criminal Procedure, to record or not the statement of any witness examined by him. All such statements shall be signed and dated by the officer recording them and when taken in his presence, by the superior officer locally supervising the case. No such recorded statement shall be used for any purpose (except the following) at an enquiry into or trial of the case in which it was recorded. When, however, the witness, whose statement has been so recorded, is called for examination by the prosecution, the accused is, under section 162 of the Code, entitled to request the Court to refer to the statement, and the Court is bound to do so. The Court shall also direct the accused to be furnished with a copy thereof in order that any part of such statement, if duly proved, may be used to contradict such witness as provided in section 145 of the Indian Evidence Act, 1872. Only if the Court considers that any portions are irrelevant or that its disclosure is not essential to the interests of justice, and is inexpedient in the public interests it shall exclude such part from the copy of the statements furnished to the accused. The rule regarding the confidential treatment of case diaries is, mutatis mutandis, applicable to statements recorded under section 161, Code of Criminal Procedure.
