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 general rule: Police statements (S.161) are not substantive evidence. Their main use is to impeach the credibility of a witness by showing that they said something different to the police than what they are saying in court.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
Section 161 of the Cr.PC empowers a police officer to examine witnesses during an investigation and record their statements. Section 162 of the Cr.PC then places restrictions on the use of these statements during the trial to ensure they are not treated as substantive evidence.

Step 2: Detailed Explanation:
Section 162(1) of the Cr.PC states that no statement made by any person to a police officer in the course of an investigation, if reduced to writing, shall be signed by the person making it; nor shall any such statement or any record thereof be used for any purpose, save as provided in the section.
The proviso to Section 162(1) carves out a specific exception. It allows the statement to be used by the accused (and with the permission of the court, by the prosecution) to contradict such a witness in the manner provided by Section 145 of the Indian Evidence Act, 1872.
- These statements cannot be used for corroboration (this is explicitly barred, except in limited circumstances under Section 157 of the Evidence Act for statements that amount to an FIR or fall under Section 27).
- They form part of the case diary and are filed along with the charge sheet, but are not incorporated into it as evidence.
- Their use is for impeachment of credit, not for discharge or conviction.

Step 3: Final Answer:
The primary use of a statement recorded under Section 161 Cr.PC during a trial is for the purpose of contradicting the witness who made the statement.