Section 161 in The Code of Criminal Procedure, 1973
161. Examination of witnesses by police.
(1) Any police officer making an investigation under this Chapter ... recorded by audio-video electronic means.] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009),] [Provided further that the statement
appellants guilty, is not reliable because the statements were
recorded under Section 161 , Cr.P.C., for the first time in July,
1994 more than ... deposition of PW-
3 over his statements recorded during investigation under Section
161, Cr.P.C. He cited Ashok Vishnu Davare v. State of Maharashtra
interrogation
can be regarded as statements under Section 161(3) of the
Code of Criminal Procedure, 1973 (in short the ' ... made available to
the accused. Under Section 172 of the Criminal
Procedure Code, every police officer making an
investigation has to record his proceedings
recorded
statement of Narinder Kumar under Section 161 Cr.P.C. On 13.7.2013,
he recorded the statement of Gian Chand Sharma, vide ... statement of Jitender Kumar and Ramesh Kumar on
16.8.2013, under Section 161 Cr.P.C. vide Ext. PW-25/M and PW-25/N,
respectively
lathis. It is submitted that in
her statement recorded under Section 161 Cr.P.C. she has stated that the appellants
were having lathis ... statement under Section 161 Cr.P.C. is not admissible in
evidence and therefore the High Court has committed a grave error in observing
that
Kalu was recorded by the Investigating Officer
under Section 161 of the Code of Criminal Procedure, 1973 (for
short " ... main culprit. The statement of Kalu was
recorded under Section 161 Cr.P.C. on 10.07.2000. On
09.07.2000, the accused absented himself from the office
injured at that point of time under
Section 161 , Criminal Procedure Code ( Cr.P.C ). Thereafter the injured was
stated to have been sent ... deceased, he could not have made a statement under Section 161 Cr.P.C.
It is the further contention that even if the statement
procedure
which was followed by the Inquiry Officer, relating to the
taking on record of these statements under Section 161
Cr.P.C. would ... Instead of following
this time consuming procedure, the said statement recorded
under Section 161 Cr.P.C. was read over to the witness who
admitted
investigating officer
under Section 161 of the Criminal Procedure Code then Section 162 of
Criminal Procedure Code provides that such statement shall not be used ... Section 161 of the Criminal Procedure Code and, hence, is not in compliance
of Section 162 of the Criminal Procedure Code read with Section
statements recorded
Crl.M.C. No.79/2014 Page 11 of 25
under Section 161(3) of Cr.P.C., documents or relevant extract thereof ... statement or record" in Sub- section (1) of
Section 162 , Criminal Procedure Code,
make it abundantly clear that statements of
witnesses during investigation even
