Statements to police not to be signed: Use of statements in evidence
AI Assist
Summary
Statements a person makes to police during an investigation, if written down, must not be signed by that person and generally cannot be used at any inquiry or trial about that offence. If the witness whose written statement has been recorded is called by the prosecution, the accused may, if the statement is duly proved, use parts of it to contradict that witness; the prosecution may do so only with the court's permission. Any part so used may be relied on in re-examination to explain matters raised in cross-examination. The rule does not apply to statements covered by clause (1) of section 32 or to section 27 of the Evidence Act.
Example
Priya tells police about a neighbourhood theft and the officer writes her account in the station diary without getting her signature. At trial the prosecution calls Priya; the accused can, if that written statement is duly proved, use parts of it to contradict her testimony. The prosecution may only use it to contradict with the court's permission, and any part used can be referred to in re-examination to explain points raised in cross-examination.
Bare Act
Enacted text(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of section 27 of that Act.
Explanation
– An omission to state a fact or circumstance in the statement referred to in Sub-Section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
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