Examination of Witnesses by Police

1. Any police officer conducting an investigation under this Chapter, or any police officer not below the rank prescribed by the State Government through a general or special order, acting on the requisition of such officer, may examine orally any person who is believed to be acquainted with the facts and circumstances of the case.
2. Such a person shall be obligated to answer truthfully all questions relating to the case posed by the officer, except questions whose answers may tend to expose the person to a criminal charge, penalty, or forfeiture.
    
3. The police officer may record any statement made to him during an examination under this section. If the officer does so, he shall make a separate and true record of the statement of each person whose statement he records.
    

Accused Entitled to Copies of All Documents, etc., for His Defence

The issue of whether the voice in question belongs to the accused or not is a critical factor in the prosecution's evidence. There is no legal basis for refusing to provide the cassette in duplicate to the accused-petitioner at the earliest opportunity, so as to allow him to prepare his defence accordingly. The contention by the counsel for the CBI, that the accused may be allowed to listen to the tape-recorded conversation in court during the trial, is an inadequate substitute. This approach undermines the accused's ability to prepare his defence in advance, which should not be delayed until the trial itself. The Magistrate's decision on this matter is therefore erroneous and cannot be upheld. The prosecution must provide the cassette in duplicate to the accused-petitioner without delay.
 

At Any Enquiry or Trial in Respect of Any Offence Under Investigation

In Balakrishnan v. State of Rajasthan, it was observed that: "The words 'at any enquiry or trial in respect of any offence under investigation' imply that such a statement cannot be used during any enquiry or trial for the offence. However, the use of such a statement recorded under Section 161 of the CrPC is not prohibited for any other purpose or in a subsequent stage of the same case after the trial is concluded."
 

Committal Proceedings Are an Inquiry

Committal proceedings are considered an 'inquiry,' and the FIR, statements recorded under Sections 161 and 164 of the CrPC, and any documents proposed to be relied on by the prosecution all constitute evidence within the meaning of the term as used in and for the purpose of Section 319 of the CrPC. A committing court is fully competent to proceed against any person, other than the accused charged by the police, who appears to have committed an offence that can be tried together with the accused already before the court. The court may secure the person's presence and commit the case so that all the accused may stand trial together.
 

Competent Witness

A witness whose statement was not recorded under Section 161 of the CrPC can still be produced before the court. Such a witness is considered a competent witness.

Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073