Examination of Witnesses by Police Sec. 161 (complete information)

(1) Any police officer making an investigation under this chapter, or any police officer not below the rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

Statements thus recorded by the investigating officer are known as either 161 statements or case diary statements. They are recorded in the first person namely in the manner in which the witness made the statement. They may be recorded in Telugu or in English.

The signature of the witness whose statements are recorded under Section 161 should not be obtained on the statements.

The purpose of recording the statements is to gather evidence about the commission of the offence and the identity of the accused. Copies of all these statements should be furnished to the accused.

Copies of the statements of all the witnesses examined by the Investigating officer in the course of the investigation need not be furnished, but only copies of the statements of such witnesses as the prosecution proposes to examine on its side must be furnished.

This is a mandatory provision. Failure to furnish these statements to the accused vitiates the very trial leading to the acquittal of the accused at the trial.

The contents of these statements cannot be treated as substantive evidence, either by the prosecution or by the defence. But, the statements must be used only for contradicting the witness whose evidence is being recorded in the Court. Section 145 of the Evidence Act indicates the manner in which statements under 161 Cr.P.C. may be used for the purpose of contradiction. Let us examine Section 145 of Indian Evidence Act in this context.