Question

Statement recorded during investigation under S.161 of Cr.P. C can be used during trial for

• A. Corroborating the witness
• B. Contradicting the witness
• C. Both A and B
• D. Neither A nor B

Hint:

Remember the "Corroboration vs. Contradiction" rule for S.161 statements. They can be used to show a witness is unreliable (contradiction) but not to show they are reliable (corroboration). This is a fundamental concept in criminal procedure and evidence law.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
Section 161 of the CrPC empowers a police officer to examine witnesses during an investigation. The statements made by these witnesses are recorded by the police. Section 162 of the CrPC governs how these statements can be used in a subsequent trial.
Step 2: Detailed Explanation:
Section 162(1) of the CrPC lays down a general rule that no statement made by any person to a police officer in the course of an investigation shall be used for any purpose at any inquiry or trial. This means it cannot be used as substantive evidence.
However, the proviso to Section 162(1) carves out a specific exception. It states that when a witness is called for the prosecution in such inquiry or trial, their previous statement recorded by the police can be used by the accused (and by the prosecution with the permission of the Court) for the purpose of contradicting such witness under Section 145 of the Indian Evidence Act.
Therefore, the statement cannot be used for corroboration. Its primary permissible use is for contradiction. If a witness says something in court that is different from what they told the police, the defense can use the S.161 statement to impeach their credibility.