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            Another point that I would like to make is that the police are taking statements, those statements are unsigned and with the result, many witnesses turn hostile in the court.
15.14 hrs.                  (Shri Giridhar Gamang in the Chair)             I also agree that according to article 21, we cannot force anybody to give evidence against himself. But here is a case where the despositions are recorded by the police under section 161, which are unsigned. My submission is that those recorded statements are to be immediately verified by the higher officers or by persons who have magisterial powers[R44]  or the persons who have got the right to administer the oath. In that case, if those things are done, then there will be little chances for people to go hostile. Many times, the police also plays a very crucial role.  If they want to have any conspiracy against anybody, then they can prepare a statement in the manner and way which they like. These statements are submitted in Court as a diary. We have got the experience, the police are changing statements. They can do and undo any things. You can consider all this under section 161. When the statements given to the Police are unsigned, they are to be verified by the higher officer or by the magistrate as early as possible in a time bound manner.
            Very good points have been made by some of the hon. Members. Shri Prabhunath Singh spoke like a lawyer. He made so many points. One of the points he made was that – ‘You are providing a punishment for a person who induces or threatens a witness to give wrong evidence. What are you going to do with the Police who is threatening or inducing to give the evidence and preparing the chargesheet?’             The entire criminal jurisprudence that we have today, the entire criminal procedure code that we have today suggests that what the Police does is not the basis, cannot be the basis of conviction. What is stated by the witnesses in the court of law can be the basis. So, all the statements recorded, the statements are made by the witnesses orally. But then the Police is expected to reduce all these statements into writing. But these statements are not signed by the witnesses nor are they signed by the police officers also. But they go to the court as part of the chargesheet and on the basis of such statements which are unsigned, the prosecutor puts the questions to the witnesses and extracts the material from him. That becomes the part of the case before the court and then the defence lawyer is allowed to cross-examine that witness to bring out the statement.