Can the Section 161 CrPC statements be signed by a police officer?

[Anonymous]

Can the police officer sign the statements under Section 161 of the Criminal Procedure Code?

[Dr. Ashok Dhamija]

Yes, the police officer recording statement of a witness under Section 161 of the Criminal Procedure Code can sign such statement. In fact, in practice, statements recorded under Section 161 of the Cr.P.C. are always signed by the police officer recording them.

Under Section 162 of the Cr.P.C., there is a prohibition on obtaining the signature of the witness, whose statement has been recorded under Section 161. Therefore, signature of the witness whose statement has been recorded under Section 161 cannot be obtained on such statement. However, there is no such prohibition for the signatures of the police officer himself on such statements recorded under Section 161.

Therefore, the police officer can sign on the statements recorded by him during investigation under Section 161 of the Cr.P.C. And, it happens in practice too.

     

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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. List of his YouTube Videos.

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