by Police - Bureau of Police Research and Development

The Indian Police Journalthe explaining contradiction. This is made at the stage of reexamination.Prosecution at this stage can use the record ofstatement only for the purpose of explaining contradiction.(iii) When statement recorded comes under ambit of Sec. 32(1) orSec. 27 of Evidence Act of Evidence Act, it may be used by prosecution. Dying declarationis statement given by a deceased before his death and statement isgiven either about cause of death or about circumstances causingdeath. At the time of death, it is always presumed that personconsidered as trustworthy and, therefore, made admissible. In admissible, it is completely immaterial whether statement istaken u/s 161 Cr.P.C. anything (incriminating thing) is recovered,then u/s 27 Evidence Act, thing recovered and part of statementbecause of which thing has been recovered become admissible. things in pursuance of statement taken, by which statement willhave evidentiary value and statement and thing recovered bothwill become admissible evidence. In this reference whetherstatement is recorded or not makes no difference. Sec.162 Cr.P.C.completely have changed use and admissibility of statementrecorded u/s 161 Cr.P.C.Concluding RemarksCrime is creating greater challenge before the society at large,needed to be tackled to protect the society and societal members.arrested, evidences of crime commission are collected, and criminals of Criminal Justice System, most important one is the collection ofevidences and all other measures like identifying, arresting andpenalizing criminals depend on it. Collection of evidences means 136 January - March, 2013