Section 161 Examination of Witnesses by Police

August 19, 2024insaf@lawyerNo CommentsCategories: Criminal LawTags:

Section 161 Examination of Witnesses by Police / Police Statement

 

Under Section 161 of the Code of Criminal Procedure (CrPC) in Pakistan, the police have the authority to record the statements of witnesses and accused individuals during the course of an investigation. Here’s an outline of how a police statement under this section typically works:

Purpose

  • Collection of Evidence: The primary aim is to gather information relevant to the investigation of a crime. The statement helps in understanding the sequence of events and the involvement of individuals.

Procedure

  1. Recording the Statement:
    • The statement of the accused is recorded by the police officer during the investigation.
    • It is usually done in the presence of the accused and may involve asking the accused to recount their version of events related to the crime.
  2. Rights of the Accused:
    • The accused is not legally compelled to make a statement. They have the right to remain silent.
    • If they choose to make a statement, it should be voluntary and not coerced.
  3. Documentation:
    • The statement is recorded in writing by the police officer. The accused may be asked to sign the statement to confirm its accuracy.
    • The statement is then added to the case file as part of the evidence.
  4. Legal Implications:
    • The statement recorded under Section 161 CrPC cannot be used directly as evidence in court. It is primarily used to guide the investigation.
    • However, if the accused’s statement is inconsistent with their later statements or other evidence, it can be used to challenge their credibility in court.

Example of Statement Recording

  • Interrogation Setting: In a controlled environment, such as a police station, the accused is questioned about their involvement in the alleged crime.
  • Content of Statement: The accused may provide an account of their actions, alibi, or any other information that may be relevant to the investigation.
  • Recording Process: The officer writes down the accused’s responses verbatim. The accused may review and correct any errors before signing.

Legal Provisions

  • Section 161(1): Provides the police with the power to examine any person who is acquainted with the facts and circumstances of the case.
  • Section 161(2): States that the person examined has the right to have their statement recorded in writing and signed by them.

Important Considerations

  • Admissibility: Statements made under Section 161 CrPC are not admissible in court as evidence but can be used to support or contradict evidence presented during the trial.
  • Voluntariness: The statement must be made voluntarily, and any coercion or duress can invalidate the process.

In summary, the statement under Section 161 CrPC is a crucial part of the investigative process, serving as a tool for the police to collect information and build a case. It is important that the process respects the legal rights of the accused to ensure the integrity of the investigation.

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