Thursday 11 April 2013

Statements recorded by police should not contradict any evidence on record


As far as possible, the First Information Report should be recorded in the language in
which the complaint is made by the complainant. The statements of witnesses as per the
provisions of Section 161 Cr.P.C., should also be recorded in the language in which they are
made. It should be ensured that the statements so recorded do not contradict any evidence on
record either in the form of documents or the statement of any other witness. Whenever a
statement is recorded by an Investigating Officer through an interpreter, the statement may be
recorded in English, and an endorsement may be made at the end of the statement regarding the
manner in which the it was recorded. In such cases, the statement of the interpreter should also be
recorded. However, as per the provisions of Section 162 Cr.P.C., no signature of the individual as
witness or accused should be obtained on the statements so recorded. During the preliminary
enquiry, however, the signatures of individuals whose statements are recorded may be obtained.
In case any individual is not willing to append his/her signature to the statement so recorded, the
fact may be recorded at the end of such statement.
Print Page

No comments:

Post a Comment