Question

Statement recorded during investigation U/s. 161 can be used in trial

• A. For contradicting the witness
• B. For corroborating the witness
• C. Incorporating in the charge sheet
• D. Discharging the accused

Hint:

Remember the golden rule for 161 statements: "Contradiction, not Corroboration." The defense has a right to use it to show that the witness is changing their story in court. The prosecution cannot generally use it to bolster a witness's testimony.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks about the permissible use of a statement made by a witness to the police during investigation (recorded under Section 161 of the CrPC) during the actual court trial.

Step 2: Detailed Explanation:
Statements recorded by the police under Section 161 CrPC are not substantive evidence. This means they cannot be used to prove the truth of the facts stated in them. Their use is strictly limited by Section 162 of the CrPC.
Section 162(1) states that no statement made by any person to a police officer in the course of an investigation shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof be used for any purpose at any inquiry or trial, except as hereinafter provided.
The proviso to Section 162(1) provides the exception. It states that when any witness is called for the prosecution in such inquiry or trial, their previous statement to the police can 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.
- (A) For contradicting the witness: This is the primary and explicit use allowed by the proviso to Section 162.
- (B) For corroborating the witness: This is explicitly barred. A witness's previous statement to the police cannot be used to corroborate (support) their testimony in court (with very limited exceptions under Section 157 of Evidence Act, which are not the general rule).
- (C) and (D) are incorrect. The statement is part of the case diary and informs the charge sheet, but its use in the trial is what is being asked. It cannot be used to discharge the accused as it's not substantive evidence.

Step 3: Final Answer:
A statement recorded under Section 161 of the CrPC can be used in a trial only for the purpose of contradicting the witness who made it.