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September 6, 2017 at 9:26 am #2810
Sir, What is the law relating to recording of written and oral statement of accused by police? Is there any set pro forma for this that the police should follow?
In my case I gave my confession under pressure because opposite party and police threatened me to do so on the letter head of opposite party in writing and not in any police pro forma. Will it be treated as my confession statement in the eye’s of law?
How and where can I submit my real statement and at what stage?
September 6, 2017 at 6:35 pm #2815
Dr. Ashok DhamijaAdvocate
Sections 161 and 162 of the Criminal Procedure Code govern the powers and procedure for recording of statements by police during investigation of an offence. There is no specific format prescribed for such statements. These sections are reproduced here for your benefit:
“161. Examination of witnesses by police.— (1) Any police officer making an investigation under this Chapter, or any police officer not below such 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:
Provided that statement made under this sub-section may also be recorded by audio-video electronic means.
Provided further that the statement of a woman against whom an offence under Section 354, Section 354-A, Section 354-B, Section 354-C, Section 354-D, Section 376, Section 376-A, Section 376-B, Section 376-C, Section 376-D, Section 376-E or Section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.”
“162. Statements to police not to be signed: Use of statements in evidence.— (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.”
Confession of an accused person is recorded under Section 164 of the Cr.P.C. but that is done by the Magistrate. A confession of accused recorded by police is inadmissible in law, except to the extent as provided under Section 27 of the Evidence Act.
There is no legal provision for recording confession of an accused by police on the letter head of an opposite party. This is impermissible under law. It may not be shown by police on record. On the other hand, the opposite party may perhaps show it on his own record to show as if you had given such statement to him.
Whether or not such statement will be considered as your confession under law will depend on the facts and circumstances of the matter. It is not possible for me to comment on this issue without having seen the detailed facts of the matter and contents and nature of the so-called confession. Please show the relevant documents to some lawyer to understand about its legal implications. If you want to repudiate such statement, then under guidance of your advocate who has seen such so-called confession, you may consider writing to the court and/or to the senior officers of the police giving details and stating that it was obtained under force / coercion.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.
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