Advocates Appeared:
AJIT KUMAR DUTT, J.M.BANERJEE, PARIMOL KUMAR CHATTERJI

What is the status of the record of a witness's statement recorded by a police officer in the course of investigation: is it a public document? What are the rights of the accused to inspect and use for cross-examination such police-recorded statements under the Evidence Act? What is the proper scope and practice regarding obtaining copies of statements from police diaries in the Presidency town of Calcutta, and the applicable discretion of the Magistrate?

Key Points: - The record of a witness's statement by a police officer in the course of investigation is not a public document. (!) - The accused has the right to inspect and use for cross-examination the police-recorded statements under Section 145, Evidence Act. (!) - The Magistrate has the power to grant copies of such statements in suitable cases and may refuse in exercise of judicial discretion; practice in Calcutta Presidency town requiring rejection of copies is not correct. (!) (!) - Section 163, Evidence Act requirements and Section 165, Evidence Act allow procedures for obtaining copies or production if needed for justice, with the caveat that only relevant portions may be used. (!) (!) - Calcutta Police Act and Calcutta Presidency town practice create a special regime in Calcutta, distinct from outside areas, regarding investigation and evidence. (!) (!) - The rule in this case is discharged with observations about liability under the last clause of Section 163, Evidence Act. (!)

What is the status of the record of a witness's statement recorded by a police officer in the course of investigation: is it a public document?

What are the rights of the accused to inspect and use for cross-examination such police-recorded statements under the Evidence Act?

What is the proper scope and practice regarding obtaining copies of statements from police diaries in the Presidency town of Calcutta, and the applicable discretion of the Magistrate?