Relevance of charge sheet based upon s. 161 crpc only

[dev devil]

Can chargesheet be filed only baised upon s.161 crpc if no other evicence against the accused is found during investigation? If yes or no then plz with case laws

[Dr. Ashok Dhamija]

Please note that Section 161 of the Criminal Procedure Code (Cr.P.C.) relates to examination of witnesses and recording of their statements during the investigation.

If a charge sheet is filed on the basis of statements recorded under Section 161 Cr.P.C., then that means that the charge sheet contains evidence of witnesses, i.e., the oral evidence.

Now note that the Evidence Act lays down that evidence is of two types: (1) Oral evidence; (2) Documentary evidence.

It is not necessary that both types of evidence should be present in every case. There is nothing wrong if the charge sheet in a particular case contains evidence of only one type, such as oral evidence.

Therefore, a charge sheet filed only on the basis of Section 161 Cr.P.C. statements (of witnesses) is valid and there is nothing wrong in that. Ultimately, all these witnesses would be examined in the court and they have to give their evidence in court, only after that the accused can be convicted.

     

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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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