AI Overview...
- Section 161 CrPC Statements Cannot Be Used Against Co-Accused - Main points:
- Statements made by one accused under Section 161 CrPC are generally not admissible as evidence against co-accused, emphasizing the principle that such statements are not substantive evidence Manaram VS State of Rajasthan - Rajasthan.
- The statement of an accused recorded under Section 161 CrPC during investigation cannot be read as evidence against co-accused, maintaining the integrity of individual rights and preventing prejudice Manaram VS State of Rajasthan - Rajasthan.
- The statement recorded under Section 161 CrPC is not a substantive piece of evidence and cannot be used to implicate co-accused unless it qualifies under specific exceptions, such as being part of the prosecution's case or with proper cross-examination RABARI KHIMA GANDA VS STATE - Gujarat.
- The court cannot rely solely on police statements under Section 161 CrPC to proceed against co-accused; such statements require corroboration and are inadmissible as direct evidence Ram Nath Bhatt VS State - Allahabad.
- Statements recorded under Section 161 CrPC are primarily for investigation purposes and do not have evidentiary value during trial against co-accused unless explicitly permitted under law, such as under Section 164 CrPC after judicial recording RABARI KHIMA GANDA VS STATE - Gujarat.
- Analysis and Conclusion:
- The consistent legal principle across the sources is that statements under Section 161 CrPC are investigatory in nature and are not admissible as evidence against co-accused during trial.
- Such statements are meant for investigation and cannot be used directly to establish guilt or innocence, protecting the rights of the accused and ensuring fair trial standards.
- For evidence to be admissible against co-accused, it must be recorded under proper procedures, such as Section 164 CrPC, and must be subjected to cross-examination.
- The courts emphasize that reliance solely on Section 161 statements without corroboration violates legal norms and can lead to inadmissibility or wrongful proceedings Manaram VS State of Rajasthan - Rajasthan, Ram Nath Bhatt VS State - Allahabad, RABARI KHIMA GANDA VS STATE - Gujarat.
- Overall, the statement of an accused under Section 161 CrPC cannot be read against co-accused, reaffirming the principle of individual evidentiary rights in criminal proceedings.
References: - Manaram VS State of Rajasthan - Rajasthan - Ram Nath Bhatt VS State - Allahabad - RABARI KHIMA GANDA VS STATE - Gujarat
Search Results for "Sec 161 Crpc Statement of Accused Cannot be Read against Co Accused"
1989 0 Supreme(Raj) 896 • India - Rajasthan
KAPUR
allegations in the first information report were not supported by the statements given under Sec. 161 Cr.P.C. and Sec. 164 Cr.P.C ... charge should only be framed on the basis of material submitted along with the challan, and the first information report alone cannot ... Finding of the Court: The court found that there were no reasonable grounds to proceed against the accused, as the ... In this case, when in the statement under #....
1985 0 Supreme(All) 175 • India - Allahabad
V.P.MATHUR
The court relied on Sections 193 and 319 of the Criminal Procedure Code, which provide that a Sessions Court cannot take cognizance ... SESSIONS COURT - SANCTION FOR PROSECUTION - EVIDENCE - ADMISSIBILITY - STATEMENT OF ACCUSED RECORDED IN CASE DIARY - STATEMENT OF ... The court held that the trial court erred in relying on the statement of the accused recorded in the case diary and the statement ... Bar of inadmissibility under Sec....
1978 0 Supreme(Guj) 136 • India - Gujarat
A.M.AHMADI, D.P.DESAI
Criminal Procedure Code, 1973-Secs. 154 & 161-FIR-Statement made in course of investigation-Explained. ... accused voluntarily files a complaint under sec. 154 of the Code with a view that police may take action upon it against the complainant ... s side, the said complaint is not a statement made in the course of investigation. ... Such a statement cannot be admitted in evidence at the trial of the accused. One thing therefore appe....
1979 0 Supreme(Raj) 198 • India - Rajasthan
P.D.KUDAL, MAHENDRA BHUSHAN
has to forward all papers —Provision mandatory—However, where challan not accompanied by copies of documents to be supplied to accused ... The investigating agency should try to supply all copies to the accused as envisaged under Rule 8.17 read with Section 173(5) and (7) of the Coda of Criminal Procedure. ... Section 173, Criminal Procedure Code and of the first information report recorded u/s. 154, Criminal Procedure Code and of all other documents or relevant extracts ,thereof, on which the prosecuti....
1973 0 Supreme(Guj) 59 • India - Gujarat
A.A.DAVE
Criminal Manual, 1977-Secs. 164 & 337 (2)-Examination of accused under sec. 337 (2). ... ... If a statement under Sec. 164 of the Code is recorded before he ... It may also serve as a safeguard in order to ascertain the truth or otherwise of the testimony of the accused recorded by the Magistrate ... But the prosecution cannot be compelled to get the statement recorded under sec. 164 of the Code before he is actually examined by the Magistrate as pr....
1979 0 Supreme(Raj) 20 • India - Rajasthan
M.C.JAIN
Judge is competent to proceed against any other person though such person not committed by Magistrate—In the old Code it was the accused ... In para 5 of the Judgment the provision of sec. 193 was considered and from the angle of sec. 319, the matter was examined in para 7 and it has been found that the term evidence used in sec. 319, Cr.P.C., includes the statement recorded by the police under sec. 161, Cr.P.C., and the documents s....
2011 0 Supreme(Mad) 1727 • India - Madras
G.M.AKBAR ALI
is entitled to cross examine such police officer under sec. 161 of the Indian Evidence Act. ... CRIMINAL PROCEDURE CODE, 1973 - SECTIONS 172, 162 (3) and EVIDENCE ACT, 1872 - SECTIONS 145, 159 & 161 - Case diary - Whether can ... contradicting the police officer who recorded the statement or made the entry. ... It was objected on the ground that a statement under Sec.161 (3) of the witness was recorded by the investigating officer one Mr.G. Palaniapp....
2008 0 Supreme(Bom) 894 • India - Bombay
A.P.LAVANDE, A.B.CHAUDHARI
For verification, we went through the statement of Satish recorded under Section 161, CrPC and we find that in his statement in the ... , nor the accused had any opportunity of cross-examining the dying man. ... In our opinion, for such reason, this witness cannot be called as an interested witness. ... For verification, we went through the statement of Satish recorded under section 161 Cr.P.C. and we find that in his st....
2018 0 Supreme(Guj) 333 • India - Gujarat
J.B.PARDIWALA
accused has no right to ask to refer to police statement unless comes within the ambit of S. 162(2) – further, trial court has discretion ... Criminal Procedure Code, 1973 – Sections 161 & 162 – Evidence Act, 1872 – Sections 145 & 165 – Prevention of Corruption Act, 1988 ... to look into police statement under S. 165 of Evidence Act but can’t be substantive evidence. ... cannot be used by the accused as evidence.” ... The accused cannot#HL_....
1964 0 Supreme(AP) 62 • India - Andhra Pradesh
VENKATESAM, JAGMOHAN REDDY
The explanation of the accused under Section 342 Cr. ... The explanation of the accused under Section 342 Cr. ... SECTION 4(1) - APPLICABILITY TO CONVICTION UNDER SECTION 5(2) - EXPLANATION OF ACCUSED UNDER SECTION 342 CR. ... For the purposes of S. 161 I.P.C. read with S. 4 of the Act, this finding will not be sufficient, as it has got to be found that the statement of the accused is true, or is such as to amou....
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