Absence of Section 161 CrPC Statement: What It Means for Your Trial

2025 Supreme(Online)(Kar) 41358

Based on 161 statement, the ingredients of Section 193 of IPC are not at all made out. The learned Sessions Judge clearly erred in preferring a complaint for perjury in absence of prima facie proof. 161 statement does not bind the petitioner. ... The crucial question that need attention of this court is as to whether a 161 statement of a witness in a criminal prosecuti....

2023 0 Supreme(All) 1679

the statement under Section 161(3) to the accused. ... Under Section 161 Cr.P.C. the police officer may reduce into writing any statement made to him in the course of examination under that provision and if he does so he shall make separate and true record of the statement of each such person whose statement he records. ... It is only when the investigating officer decides to record the ....

2024 0 Supreme(Chh) 373

161 Cr.P.C. ... recorded under Section 161 of Cr.P.C., however, in the Court statement he made such statement which made the basis of conviction. ... We have examined the statement made under Section 161 Cr.P.C and the Court statement made by the witness Dhirsai (PW-1). He is the sole witness. ... 161. ... Over all examination of the Court s....

2023 0 Supreme(All) 1622

constable vitiates the process of the entire statement under Section 161 Cr.P.C. ... In her statement u/s 161 Cr.P.C. she has made specific allegation, as highlighted by learned trial court, of rape. Statement of victim under Section 161 Cr.P.C. was recorded by the Investigating Officer during re-investigation under Section 173(8) Cr.P.C. ... Statement of victim u/s #HL....

2025 Supreme(Online)(Kar) 35887

This court deems it fit to extract the 161 statement allegedly given by the petitioner. ... Yet, the I.O. has brushed aside these inconsistencies by leaning on a non-eyewitness 161 statement. Section 161 Cr.P.C.: limited evidentiary value ignored by I.O.: 19. ... 161 Cr.P.C. ... The jurisprudence is settled that a Section 161 statement cannot be the f....

2025 0 Supreme(Ker) 1581

When a prosecution witness whose statement under S.161(1) or S.164 of CrPC has been recorded states factual aspects before the Court which he has not stated in his prior statement recorded under S.161 (1) or S.164 of CrPC, it is said that there is an omission. ... [(2021) 10 SCC 598], Clause 10 Sub-Clause (v) makes it clear that omnibus marking of the entire statement under Sections 161....

Instead (3) The new sections numbered 159, 160 and 161 permitted the accused, after the evidence for the prosecution had been led, to make a statutory statement under sec. 160 (1) and also, if he so desired, to give evidence on his own behalf (sec. 161). ... " The defence claims as of right that sec. 233 must be applied to the whole of the deposition, and it has been argued that the words " all statements " cover not only the prisone....

Hayatul Akmal Abdul Aziz J:JUDGMENT (Enclosure 161) [1]The first defendant (D1) had, on 02.11.2022, applied to strike out paragraphs 103 to 122 and 141(a) to (d) of the amended Statement of Claim ... I find sufficient merit in the First Defendant’s enclosure 161 (striking out). Consequently, I allowed enclosure 161, with costs of RM8,000.00 to be paid within 14 days from the date of this order. ... This is a triable issu....

2023 Supreme(Online)(Kar) 31823

The only question involved in this petition is that whether in the absence of any corroborative material, the police could have laid the charge sheet only on the basis of the statement of the defacto complainant recorded under 161 of Cr.P.C. ... The Hon'ble Supreme Court in the case of Parvat Singh (supra) has held that as per the settled proposition of law a statement recorded under Section 161 of Cr.PC ....

Karnataka

police under Section 161 of Cr.P.C. ... was recorded under Section 161 of Cr.P.C. ... The charge sheet is filed against the petitioner only on the basis of the statement of CW1 alleged to have been recorded under Section 161 of Cr.P.C. ... basis of statement of CW1 is one without any substance. ... , of CW1 under - 3 - Section 161 of Cr.P.C.

2020 0 Supreme(Tri) 13

The said statement is found to be absent in her statement recorded under Section 161 Cr.P.C. In her cross examination her statement that there was a meeting held at about 10/12 days before the death of her daughter at the house of Dasharath Natta Das where the appellant made a commitment that he would not torture upon her daughter in future. Attention of the witness was drawn to her statement made before the Investigating Officer that her deceased daughter and her younger dau....

2015 0 Supreme(Tri) 434

In his cross, he admitted that in the complaint he did not state that the “Gola Ghar” was attached to his dwelling hut. Attention of this witness was drawn to his 161 statement wherein also the above statement is not available. He also admitted that he did not state in his complaint that his maid servant and daughter had seen the accused persons setting fire but he stated so to the police. 11.2 PW 2, Smt. Maya Rani Das, is the wife of the complainant.

2010 0 Supreme(Gau) 116

I could identify them with the help of electric light in my house there is electricity and on the road also there was electric light. O. that with the help of moonlit and also with the help of electric light I could recognize the accused persons. On perusal of 161 statement no such statement was found.

2005 0 Supreme(Ker) 133

It is argued by the counsel for the accused that the accused is a chance witness and he was inimical towards the accused as the accused had filed a complaint against P.W. 8 and also P.W.1 who is a relative of the accused. Some contradictions pointed out by the learned counsel for the accused are only the natural differences which may occur as P.W.1 deposed before the court, after seven years delay. The alleged omissions highlighted in the 161 Statement with the F.I.

2003 0 Supreme(Ker) 727

To a definited question, he said that he has told the police that A7 inflicted cut injuries to Sathyan. Several questions were asked to him why he has not stated such things in detail to the police in 161 statement. But, he was again asked why such a statement is not seen in 161 statement.