by Police - Bureau of Police Research and Development

The Indian Police Journalanswer witness would feel bound by his answer although he is anxiousto change his statement and reveal the truth before the court. Furtherfor taking statement and signature thereon.Evidentiary Value of Statement recorded u/s 161 Cr.P.C.Generally, in a criminal trial, any previous statement made by a personduring the trial and he has made any statement, whether oral or writtenor reduced to writing at or about the time when fact took place orbefore the authority competent for investigation, may be used forcorroboration u/s 157 of Evidence Act:“In order to corroborate the testimony of a witness, any formerstatement made by such witness relating to the same fact, at orabout the time when fact took place, or before any authoritylegally competent to investigate the fact may be proved.”such statement may be used for the cross-examination against makerof statement u/s 145 Evidence Act:“A witness may be cross-examined as to previous statementmade by him in writing or reduced into writing, and relevant tomatter in question, without such writing being shown to him,or being proved; but if it is intended to contradict him by thewriting, his attention must, before the writing can be proved, becalled to those parts of it which are to be used for the purpose ofcontradicting him.”The rules for admissibility and use of evidences contained u/s 157u/s 161 has been provided in Sec. 162 Cr.P.C., provision containedin Sec. 162 is not relating to procedure of collection evidence, butrelating to rule of evidence for evidence collected during investigation for recording of any statement. Always there is possibility of use ofthird degree methods and causing custodial violence for obtainingstatements of persons interrogated. Accused person may also beJanuary - March, 2013127