If statements of some witnesses have been recorded falsely by the police, then during the trial, these witnesses can state like that and they can disown their statements. They can deny their police statements in the court.
Irrespective of what is recorded by police during investigation under Section 161/162 of the Criminal Procedure Code, it is the statement of the witness recorded by the court inside the court that matters. Statement recorded by police can only be used for the purpose of contradiction, it cannot be used as a substantive statement.
In such situation, sometimes, people also try to get the sworn affidavits of the witnesses prepared (before trial) denying their statements recorded by police, and then apply for discharge. But, usually, the court may not consider these affidavits during the discharge stage, and ask the accused to give his defence at the trial stage. At the stage of discharge application or the framing of charge, what is seen is whether there is a prima facie case, and at that stage, usually, the defence documents /statements are not considered. However, if you still want to try it, you can try that, though the chances of success would be very less at the discharge stage. At the time of trial, of course, these witnesses can deny their statements having been recorded by police and that can help you, if you are the accused person.
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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