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Tag: CrPC 161 – Examination of Witnesses By Police

Representation for Deletion of Name from FIR – Format, Procedure & Sample Draft

Posted on May 7 by Suprajaa Rajan

A practical legal remedy to seek deletion of an incorrectly implicated person’s name during investigation.

In criminal investigations, it is not uncommon for individuals to be wrongly named in a First Information Report (FIR) due to family disputes, business conflicts, mistaken identity, exaggerated allegations, or omnibus accusations. However, mere naming in an FIR does not automatically establish criminal liability. The investigating agency is duty-bound to conduct an independent, fair, and evidence-based investigation.

Therefore, when a person has been falsely implicated or unnecessarily arrayed as an accused, a Representation for Deletion of Name from FIR can be submitted to the Investigating Officer, Station House Officer (SHO), or supervisory police authorities, requesting objective consideration of exculpatory material.

This article explains the legal framework, strategic considerations, drafting approach, and provides a ready-to-use sample format with copy-to-clipboard functionality.

I. Legal Framework

Investigation and determination of involvement are governed by:

Under the Code of Criminal Procedure, 1973

  • Section 154 CrPC – Registration of FIR
  • Section 157 CrPC – Investigation procedure
  • Section 161 CrPC – Examination of witnesses
  • Section 169 CrPC – Release of accused when evidence is insufficient
  • Section 173 CrPC – Final police report/charge sheet

Corresponding Provisions under BNSS, 2023

  • Section 173 BNSS – Information in cognizable cases
  • Section 176 BNSS – Investigation
  • Section 180 BNSS – Examination of witnesses
  • Section 189 BNSS – Release when evidence is deficient
  • Section 193 BNSS – Final report of police officer

Thus, the investigating agency has a continuing duty to exclude persons against whom no credible material exists.

II. What is a Representation for Deletion of Name from FIR?

A representation for deletion of name is a formal written request submitted during investigation, requesting the police to:

  • Conduct an objective evaluation of available evidence
  • Consider documents, electronic records, alibi, or other defence material
  • Exclude an innocent person from the array of accused
  • File the final report only against persons against whom evidence exists

Importantly, this representation does not seek quashing of the FIR. Instead, it seeks fair investigation at the police stage itself.

III. When Should This Representation Be Filed?

You may file this representation when:

  • You are falsely implicated due to family or matrimonial disputes
  • Your name is included through general or omnibus allegations
  • You were not present at the alleged place of occurrence
  • Documentary evidence clearly disproves involvement
  • Electronic records establish location, communication, or alibi
  • The complaint names multiple family members without specific allegations

Therefore, early intervention during investigation can prevent unnecessary arrest, charge sheet, or trial.

IV. Why is This Representation Important?

Filing a representation helps to:

  • Place defence documents on record at the earliest stage
  • Demonstrate cooperation with the investigation
  • Highlight absence of specific allegations
  • Reduce the risk of arbitrary arrest
  • Strengthen future proceedings such as anticipatory bail, discharge, or quashing

Moreover, such representations often become important defence documents in later litigation.

V. What Material Should Be Attached?

Depending on the facts, you may annex:

  • Travel records
  • Employment attendance records
  • CCTV footage
  • Medical records
  • Phone location data
  • Emails, chats, or digital communication
  • Property or financial documents
  • Prior complaints showing mala fide intent

Therefore, documentary support significantly strengthens the representation.

VI. Essential Elements of the Representation

Before drafting, you should include:

  • Name, address, and contact details
  • FIR details and police station details
  • Brief background of the allegations
  • Specific grounds showing false implication
  • Documentary evidence supporting innocence
  • Request for objective investigation and deletion of name

These elements make the representation clear, professional, and persuasive.

VII. Drafting Strategy

While drafting:

  • Use fact-based and respectful language
  • Avoid attacking the complainant personally
  • Highlight absence of overt acts or specific allegations
  • Refer to documentary material wherever available
  • Clearly express willingness to cooperate

A strategically drafted representation often creates a strong foundation for future defence remedies.

VIII. Sample Draft Format – Representation for Deletion of Name from FIR

 

Sample Draft – Representation for Deletion of Name from FIR

To
The Station House Officer / Investigating Officer
[Name of Police Station]
[District/City]

Subject: Representation Seeking Deletion of Name from FIR

Respected Sir/Madam,

I respectfully submit that my name has been mentioned in FIR No. [____] registered at your police station for alleged offences under Sections [____].

I submit that I am innocent and have been falsely implicated in the present matter due to [brief reason such as family dispute/business rivalry/mistaken identity].

No specific role, overt act, or direct allegation has been attributed to me in relation to the alleged incident.

I respectfully submit that documentary material enclosed herewith clearly establishes my non-involvement in the alleged occurrence.

The enclosed documents include [briefly mention documents such as travel records, attendance records, medical documents, electronic records, etc.].

I am fully willing to cooperate with the investigation and to appear before the Investigating Officer as and when required.

I therefore respectfully request that an independent and objective investigation may kindly be conducted and my name may not be included in the final report in the absence of incriminating material.

This representation may kindly be taken on record and considered in accordance with law.

 

Thanking you.

 

Yours faithfully,
[Name]
[Address]
[Contact Details]
[Signature]

Date: [____]
Place: [____]

✔ Draft Copied Successfully!

 

IX. Common Mistakes to Avoid

Avoid:

  • Filing a representation without supporting documents
  • Making emotional or personal allegations
  • Waiting until charge sheet is filed
  • Ignoring notices from the Investigating Officer
  • Seeking deletion without offering cooperation

Instead, focus on documents, timelines, and objective facts.

Conclusion

A Representation for Deletion of Name from FIR is a valuable pre-trial defence tool that can prevent innocent individuals from facing unnecessary prosecution. Therefore, by presenting credible documents, factual clarification, and cooperative conduct, an accused can seek fair consideration during investigation itself.


Index of All Legal templates and Drafting is here. 


Disclaimer

These templates are provided for educational and informational purposes. Every case depends on specific facts and procedural posture. Professional legal advice should be obtained before filing any application.


Key Contributor :

Mrs.Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150


Posted in Legal Procedure | Tagged CrPC 157 - Procedure for Investigation Preliminary Inquiry CrPC 161 - Examination of Witnesses By Police CrPC 173 - Report of Police Officer on Completion of Investigation CrPC Sec 154 - Registration of an FIR Deletion for name from FIR Matrimonial Litigation India matrimonial offences | Leave a comment

Application for Exemption from Personal Appearance During Investigation – Format, Procedure & Sample Draft

Posted on May 5 by Suprajaa Rajan

A practical legal remedy to seek exemption from repeated physical appearance before the Investigating Officer while ensuring full cooperation with the investigation.

During criminal investigations, police officers often require the attendance of an accused, suspect, or witness for questioning, clarification, or production of documents. However, there are situations where repeated physical appearance may cause undue hardship, medical difficulty, professional disruption, or logistical inconvenience. In such circumstances, the law permits a person to seek appropriate relief by submitting an Application for Exemption from Personal Appearance During Investigation.

Although the investigating agency retains the power to call a person for lawful investigation, such power must be exercised reasonably, proportionately, and in compliance with statutory safeguards.

This article explains the legal framework, practical grounds, drafting strategy, and provides a ready-to-use sample format with copy-to-clipboard functionality.

I. Legal Framework

Attendance during investigation is governed by the following provisions:

Under the Code of Criminal Procedure, 1973

  • Section 41A CrPC – Notice of appearance before police officer
  • Section 160 CrPC – Attendance of witnesses before police officer
  • Section 161 CrPC – Examination of witnesses

Corresponding Provisions under BNSS, 2023

  • Section 35(7) BNSS – Notice of appearance before police officer
  • Section 179 BNSS – Examination of witnesses and attendance during investigation

Thus, while police may require attendance, the process must remain fair, lawful, and non-oppressive.

II. What is an Application for Exemption During Investigation?

This application is a written representation submitted to the Investigating Officer, SHO, or senior police authority, requesting exemption from personal appearance on a particular date or seeking relaxation from repeated physical attendance.

The applicant may instead offer:

  • Appearance on an alternative date
  • Participation through advocate where permissible
  • Submission of documents electronically
  • Cooperation through written response or virtual communication, wherever accepted

Therefore, the application does not seek to avoid investigation. Instead, it seeks reasonable accommodation while ensuring cooperation.

III. When Can This Application Be Filed?

You may file this application when:

  • You are suffering from medical illness or hospitalisation
  • You reside in a different city or state
  • Frequent attendance affects employment or professional duties
  • You are a senior citizen
  • You are a woman with statutory protection regarding appearance
  • There are exceptional family circumstances
  • The notice date creates genuine hardship

Therefore, timely communication helps avoid allegations of non-cooperation.

IV. Important Safeguards During Investigation

Investigating authorities must ensure that:

  • Attendance is required only when genuinely necessary
  • Summons are not used as a tool of harassment or coercion
  • Constitutional protections under Article 21 are respected
  • Vulnerable persons receive procedural safeguards

Accordingly, courts have repeatedly emphasised that investigation must remain fair, humane, and legally compliant.

V. Essential Elements of the Application

Before drafting, you should include:

  • Name and address of applicant
  • FIR details or notice details (if available)
  • Date of required appearance
  • Genuine reason for seeking exemption
  • Supporting medical or travel documents, if applicable
  • Clear undertaking to cooperate on an alternative date

These elements make the request credible, professional, and legally sustainable.

VI. Drafting Strategy

While drafting:

  • Use clear and respectful language
  • State specific reasons, not vague excuses
  • Avoid disputing the investigation in this application
  • Offer alternative dates or modes of cooperation
  • Express full willingness to comply

A professionally drafted application shows good faith and procedural discipline.

VII. Sample Draft Format – Application for Exemption from Personal Appearance During Investigation

 

Sample Draft – Application for Exemption from Personal Appearance During Investigation

To
The Investigating Officer / Station House Officer
[Name of Police Station]
[District/City]

Subject: Application Seeking Exemption from Personal Appearance During Investigation

Respected Sir/Madam,

I respectfully submit that I have received notice dated [____] requiring my appearance in connection with FIR No. [____] registered at your police station.

I respectfully submit that due to [medical reasons/professional obligations/travel constraints/family emergency], I am unable to remain personally present on the scheduled date.

The present inability is genuine and beyond my control. Supporting documents are enclosed herewith for your kind consideration.

I am a law-abiding citizen and undertake to fully cooperate with the investigation.

I respectfully request that I may kindly be exempted from personal appearance on [date] and may be permitted to appear on [alternative date], or on any other date convenient to the investigating authority.

I further undertake not to tamper with evidence or influence any witness during the course of investigation.

I therefore request that this application be kindly considered in the interest of fairness and justice.

 

Thanking you.

 

Yours faithfully,
[Name]
[Address]
[Contact Number]
[Signature]

Date: [____]
Place: [____]

✔ Draft Copied Successfully!

VIII. Common Mistakes to Avoid

Avoid:

  • Ignoring police notice without response
  • Giving vague or unsupported reasons
  • Seeking repeated exemption without genuine cause
  • Using confrontational language
  • Failing to offer alternative cooperation

Instead, focus on transparency, documentation, and proactive cooperation.

Conclusion

An Application for Exemption from Personal Appearance During Investigation helps balance the needs of investigation with individual rights and practical realities. Therefore, by promptly communicating genuine difficulties and offering full cooperation, a person can protect both personal liberty and procedural credibility.


Index of All Legal templates and Drafting is here. 


Disclaimer

These templates are provided for educational and informational purposes. Every case depends on specific facts and procedural posture. Professional legal advice should be obtained before filing any application.


Key Contributor :

Mrs.Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150


Posted in Legal Procedure | Tagged CrPC 160 - Police officer’s Power to require Attendance of Witnesses CrPC 161 - Examination of Witnesses By Police CrPC Sec 41A Legal templates Legal templates and drafting | Leave a comment

Waseem Vs State of UP and Anr on 30 Aug 2022

Posted on September 7, 2022 by ShadesOfKnife

A single judge at Allahabad High Court, held as follows:

From Para 34,

In paragraph No. 4 of the affidavit, it is mentioned that a meeting was convened on 26.8.2022 under the Chairmanship of Additional Chief Secretary (Home), Government of Uttar Pradesh, Lucknow, which was attended by Mr. B.D. Paulson, Secretary, Home Department, Government of U.P. Lucknow, Mr. Tarun Gauba, Secretary Home Department, Government of Uttar Pradesh, Lucknow, Mr. M.K. Bashal, Additional Director General of Police (Crime), U.P. Lucknow, Mr. Prem Prakash, Additional Director General of Police, Prayagraj Zone, Prayagraj (through video conferencing), Mr. Amit Pathak, Deputy Inspector General of Police (Public Grievance) DGP Headquarters, U.P. Lucknow, Mr. Rakesh Kumar Malpani, Special Secretary, Home Department, Dr. A.K. Singh, Special Secretary, Home Department, Mr. Shiv Kumar Pal, Government Advocate, High Court, Allahabad (through video conferencing), Mr. M.C. Chaturvedi, Additional Advocate General, High Court, Allahabad (through video conferencing) and Mr. Ashish Singh, Senior Prosecuting Officer and after due deliberation, following decisions were taken:
(i) Postmortem and injury reports must be typed out and made easily legible and practice of handwritten reports be discontinued.
(ii) During the postmortem examination, there should be DNA and fingerprint sampling and necessary software must be developed for this purpose.
(iii) In cases of gunshot injuries, instead of full body xray, the x-ray should be of the area where the wound is located. However, in such cases where the wound of entry or exit is not apparent, the need of taking x-ray be made mandatory.
(iv) During postmortem examination, the injuries on the dead body should be photographed in colour to highlight the same.
(v) An index be prepared to be appended with each case diary, which is submitted before the Prosecutor/Hon’ble Judges. It should be explored if necessary facility can be provided through CCTNS software.
(vi) A synopsis be prepared of the contents of the report containing the opinion of the investigating officer as encapsulated in the report under Section 173(2) Cr.P.C. An index should also be prepared for convenient perusal and reference. This synopsis be a part of the report under Section 173(2) Cr.P.C.
(vii) The importance of the role of the supervisory officer be emphasized and that the said officer should not function only as a post office. Every investigation must be scrutinized in a microscopic manner and any lacuna or lapse must be pointed out to the investigating officer. Provisions should also be made for training the investigating officer on a regular basis.
(viii) Senior Supervisory Officers must submit the report submitted by the police under Section 173(2) Cr.P.C expeditiously and not hold it back in their custody needlessly. In this context, a letter dated 05.05.2016 had already been issued by the Director General of Police, U.P. Lucknow.
(ix) Before ordering further investigation under Section 173(8), it is desirable to seek permission/give information to the concerned learned court, but the necessity of this step be examined in the light of the relevant and applicable statutory provisions and the judgements and observations passed by Hon’ble Apex Court and Hon’ble High Court. In all cases where the statements of witnesses are recorded using audio/video mode, the relevant material be made part of the case diary by means of compact disc/pen drive.
(x) The font size used for preparing the case diary be increased to a size, which would facilitate easy and legible perusal of the same. For this purpose, the cooperation of NIC be sought to implement the increase in font-size in the records, uploaded on the CCTNS.
(xi) The strict adherence be ensured to the statutory provisions encapsulated in Section 65B IPC and that investigating officer be trained to adopt a sensitive approach in these matters.
(xii) It was emphasized that proper directions be imparted to supervisory officers to ensure that they perform their duty efficiently and diligently. It was informed by the Additional Director General of Police (crime) that in all districts (pan state) training was being imparted in orderly room and by crime meetings. The Additional Chief Secretary (Home), Government of U.P., Lucknow issued directions that action be initiated against those investigating officer who displayed negligence in discharging their duties and thereby impair fair and proper investigation.

(xiii) In every district, the Joint Director (Prosecution) should head a legal cell, which should be established with the aim to educate all investigating officers with the latest amendments in criminal law and the judgements passed by the Hon’ble Apex Court and Hon’ble High Court.
(xiv) Lastly, it was decided that the necessary government order/circular/road-map, which was to be issued covered a vast range and the support and cooperation of technical and other departments was required.

Waseem Vs State of UP and Anr on 30 Aug 2022
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged CrPC 161 - Examination of Witnesses By Police Issued or Recommended Guidelines or Directions or Protocols to be followed Waseem Vs State of UP and Anr | Leave a comment

Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022

Posted on June 16, 2022 by ShadesOfKnife

A judge from Allahabad High Court used choicest words in this judgment.

From Para 8,

[8] The story narrated in the FIR is not only abhorring, full of dirt, filth and venomous accusations where the informant fiercely abused her own husband and in-laws by using all the ways and means in the tone, tenor and texture in the extreme manner. The graphic and vivid descriptions of the incident without any shame or hitch of any sort which, speaks out volume of mental condition and amount of venom and poison in the mind of the informant. She without mincing any word, rather exaggerating the incident to manifolds, had vomitted the snide before the Court. Interestingly, general and sweeping allegations have been fastened against all the family members for committing sodomy, attempt to rape and illegal abortion etc. upon all the family members with special focus upon her husband, Sahib Bansal.

From Para 12,

[12] The police, after probing the matter in depth, has submitted the charge sheet dropping all the offences, wherein the informant had made wild
accusations in the FIR against her husband and his family members. The aforesaid charge sheet has been filed only under sections 498A, 323, 504, 506, 307 IPC and 3 and 4 of D.P. Act. Thus, it is explicitly clear that the FIR is nothing but a virtual canard and full of venom where the informant unmindful of the fact to its far-reaching repercussions, pasted all the filth upon revisionist in wild manner but was unable to produce any documentary evidence/proof to substantiate the levelled allegations and thus, all the sections of unnatural/oral sex, forcible abortion have gone to haywire resultantly dropped from charge sheet. Not only this, names of Chirag Bansal and Ms. Shipra Jain finds no place in the charge sheet, so filed by the police.

From Para 30,

[30] Yet coming to another aspect of the issue which is disturbing and mind-boggling to the Court. After reading the FIR allegedly lodged by Ms.
Shivangi Bansal after 18 days of the incident, which is ever-abhorring, full of dirt and filth. The graphical description portrayed by her in her FIR is deplorable to be condemned in its strongest terms. The FIR is the place where the informant gives the story mobilizing the State Machinery engaging in the commission of cognizable offence. It is not soft porn literature where the graphical description should be made. Hon’ble the Apex Court in its judgment in the case of Priti Gupta Vs State of Jharkhand, 2010(71) SCC 667 has fastened the liability upon the counsels;

From Para 31,

[31] Therefore, the Court is of the opinion that while deciding the present issue, the Court should not take into these graphical description of the accusation made by the complainant and simply over-look these graphic and distressful allegations made by a lady who after receiving legal advice, pasted those dirt and filth upon her husband and other family members. The interesting feature is that she has been unable to substantiate those allegations even at the time of investigation and these allegations were found false and the sections related to it were dropped.
The Court records its strongest exception to such type of language used by the informant. The language of the FIR should be decent one and no amount of atrocitiesfaced by the informant, would justify her to use such type of castic expressions. FIR/complaint is the gateway of any criminal case even soft and decent expressionwould well communicate the alleged atrocities faced by her.

Guidelines issued from para 35,

[35] Thus, It is directed that :-
(i) No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the “Cooling-Period” which is two months from the lodging of the FIR or the complaint. During this “Cooling-Period”, the matter would be immediately referred to Family Welfare Committe (hereinafter referred to as FWC) in the each district.
(ii) Only those cases which would be transmitted to FWC in which Section 498-A IPC along with, no injury 307 and other sections of the IPC in which the imprisonment is less than 10 years.
(iii) After lodging of the complaint or the FIR, no action should take place without concluding the “Cooling-Period” of two months. During this “Cooling-Period”, the matter may be referred to Family Welfare Committee in each districts.
(iv) Every district shall have at least one or more FWC (depending upon the geographical size and population of that district constituted under the District Legal Aid Services Authority) comprising of at least THREE MEMBERS. Its constitution and function shall be reviewed periodically by the District & Sessions Judge/Principal Judge, Family Court of that District, who shall be the Chairperson or Co-chairperson of that district at Legal Service Authority.
(v) The said FWC shall comprise of the following members :-
(a) a young mediator from the Mediation Centre of the district or young advocate having the practices up to five years or senior most student of Vth year, Government Law College or the State University or N.L.Us. having good academic track record and who is public spirited young man, OR;
(b) well acclaimed and recognized social worker of that district having clean antecedant, OR;
(c) retired judicial officers residing in or nearby district, who can devote time for the object of the proceeding OR;
(d) educated wives of senior judicial or administrative officers of the district.
(vi) The member of the FWC shall never be called as a witness.
(vii) Every complaint or application under Section 498A IPC and other allied sections mentioned above, be immediately referred to Family Welfare Committee by the concerned Magistrate. After receiving the said complaint or FIR, the Committee shall summon the contesting parties along with their four senior elderly persons to have personal interaction and would try to settle down the issue/misgivings between them within a period of two months from its lodging.
The contesting parties are obliged to appear before the Committee with their four elderly persons (maximum) to have a serious deliberation between them with the aid of members of the Committee.
(viii) The Committee after having proper deliberations, would prepare a vivid report and would refer to the concerned Magistrate/police authorties to whom such complaints are being lodged after expiry of two months by inserting all factual aspects and their opinion in the matter.
(ix) Continue deliberation before the Committee, the police officers shall themselves to avoid any arrest or any coercive action pursuant to the applications or complaint against the named accused persons. However, the Investigating Officer shall continue to have a peripheral investigation into
the matter namely preparing a medical report, injury report, the statements of witnesses.
(x) The said report given by the Committee shall be under the consideration of I.O. or the Magistrate on its own merit and thereafter suitable action should be taken by them as per the provision of Code of Criminal Procedure after expiry of the “Cooling-Period” of two months.
(xi) Legal Services Aid Committee shall impart such basic training as may be considered necessary to the members of Family Welfare Committee from time to time(not more than one week).
(xii) Since, this is noble work to cure abrasions in the society where tempos of the contesting parties are very high that they would melow down the heat between them and try to resolve the misgivings and misunderstanding between them. Since, this is a job for public at large, social work, they are acting on a pro bono basis or basic minimum honrarium as fixed by the District & Sessions Judge of every district.
(xiii) The investigation of such FIRs or complaint containing Section 498A IPC and other allied sections as mentioned above, shall be investigated by dynamic Investigating Officers whose integrity is certified after specialized training not less than one week to handle and investigate such matrimonal cases with utmost sincerity and transparancy.
(xiv) When settlement is reached between the parties, it would be open for the District & Sessions Judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case.
At the cost of repetition, it is made clear that after lodging of the F.I.R. or the complaint case without exhausting the “Cooling-Period” of two months, no arrest or any coercive action shall be taken against the husband or his family members in order to derail the proceedings before the Family Welfare Committee.

Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements CrPC 227 - Discharge Rejected Dilawar Balu Kurane Vs State Of Maharashtra Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Issued or Recommended Guidelines or Directions or Protocols to be followed K. Subba Rao Vs The State Of Telangana Kahkashan Kausar @ Sonam Vs State of Bihar Misuse of Section 498A of IPC Misuse of Women-Centric Laws Mukesh Bansal Vs State of UP and Anr Preeti Gupta and Anr Vs State Of Jharkhand and Anr Reportable Judgement or Order Sajjan Kumar Vs C.B.I State of Karnataka Vs L. Muniswamy and Ors Union Of India Vs Prafulla Kumar Samal and Anr | Leave a comment

Kishanvihari Sharma Vs State of Madhya Pradesh and Ors

Posted on June 28, 2021 by ShadesOfKnife

Two vital and interesting legal questions of interpretation have reached a Division Bench of Madhya Pradesh High court.

On 09 Jun 2021,

The Court framed the questions that need determination

(1) As to whether the provision of Section 156(3) Cr.P.C. can be invoked by accused alleging improper/delayed investigation or not ?
(2) As to whether the provision of Section 161 Cr.P.C. providing for examination of witnesses by the police can include examination of accused also or not, only for the purpose of ascertaining the truth and not for recording confession ?

Kishanvihari Sharma Vs State of Madhya Pradesh and Ors on 09 Jun 2021

On 24 Jun 2021,

Noting from the submissions of the rival counsels, the Bench held that there are conflicting decision from the Supreme Court on the legal points for determination and so opened up the questions to the entire Bar and sought assistance from the Bar Association.

Kishanvihari Sharma Vs State of Madhya Pradesh and Ors on 24 Jun 2021

On first week of Aug 2021,

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 161 - Examination of Witnesses By Police Kishanvihari Sharma Vs State of Madhya Pradesh and Ors Legal Procedure Explained - Interpretation of Statutes Vinubhai Haribhai Malaviya and Ors Vs State of Gujarat and Anr Work-In-Progress Article | Leave a comment

R.Shaji Vs State of Kerala on 4 Feb 2013

Posted on April 17, 2021 by ShadesOfKnife

Lot of legal points explained with respect to the statements given by witnesses in Court in this landmark decision by a Division bench of Apex Court.

From Para 13,

13. Clause (iv) of Section 207 Cr.P.C. clearly provides that any statement recorded under Section 164 Cr.P.C., shall be made available to the accused along with all the other documents that have been filed along with the charge sheet.

From Para 14,

14. Evidence given in a court under oath has great sanctity, which is why the same is called substantive evidence. Statements under Section 161 Cr.P.C. can be used only for the purpose of contradiction and statements under Section 164 Cr.P.C. can be used for both corroboration and contradiction. In a case where the magistrate has to perform the duty of recording a statement under Section 164 Cr.P.C., he is under an obligation to elicit all information which the witness wishes to disclose, as a witness who may be an illiterate, rustic villager may not be aware of the purpose for which he has been brought, and what he must disclose in his statements under Section 164 Cr.P.C. Hence, the magistrate should ask the witness explanatory questions and obtain all possible information in relation to the said case.

From Para 15,

15. So far as the statement of witnesses recorded under Section 164 is concerned, the object is two fold; in the first place, to deter the witness from changing his stand by denying the contents of his previously recorded statement, and secondly, to tide over immunity from prosecution by the witness under Section 164. A proposition to the effect that if a statement of a witness is recorded under Section 164, his evidence in Court should be discarded, is not at all warranted.

From Para 16,

16. Section 157 of the Evidence Act makes it clear that a statement recorded under Section 164 Cr.P.C., can be relied upon for the purpose of corroborating statements made by witnesses in the Committal Court or even to contradict the same. As the defence had no opportunity to cross-examine the witnesses whose statements are recorded under Section 164 Cr.P.C., such statements cannot be treated as substantive evidence.

During the investigation, the Police Officer may sometimes feel that it is expedient to record the statement of a witness under Section 164 Cr.P.C. This usually happens when the witnesses to a crime are clearly connected to the accused, or where the accused is very influential, owing to which the witnesses may be influenced.

R.Shaji Vs State of Kerala on 4 Feb 2013

Citations : [2013 AIR SC 651], [2013 ALD CRI 2 153], [2013 CRIMES SC 1 217], [2013 JLJR 1 499], [2013 JT SC 2 447], [2013 KLJ 1 620], [2013 KERLT 1 493], [2013 PLJR 2 145], [2013 SCALE 2 186], [2013 SCC 14 266], [2013 SCR 3 1172], [2013 UC 1 673], [2014 SCC CRI 4 185], [2013 SCC ONLINE SC 114], [2013 SLT 1 705], [2013 SUPREME 1 545], [2013 AIOL 72], [2013 AIR SC 1095], [2013 CCR 1 494], [2013 KCCR SN 3 220], [2013 RAJ 1 435], [2013 RCR CRIMINAL SC 1 964], [2013 AIR SCW 1095], [2013 ALLMR CRI SC 1469]

Other Sources :

https://indiankanoon.org/doc/178895486/

https://www.casemine.com/judgement/in/5609af40e4b0149711415f37

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Evidence Act 134 - Number of witnesses Evidence Act Sec 157 - Former statements of witness may be proved to corroborate later testimony as to same fact Legal Procedure Explained - Interpretation of Statutes R.Shaji Vs State of Kerala Reportable Judgement or Order Statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only but NOT as Substantive Evidence | Leave a comment

Deepak Mahto @ Deepak Kumar Vs State of Bihar on 12 Apr 2021

Posted on April 17, 2021 by ShadesOfKnife

Patna High Court held that ‘statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only‘.

From Paras 8 and 9,

8. The aforesaid statement of the prosecutrix does not disclose as to what offence was committed against her.
Evidence given in a Court on oath coupled with opportunity of cross-examination to the accused has great sanctity and that is why the same is called substantive evidence. It is well settled by a catena of judicial pronouncements that statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only.

9. In R. Shaji v. State of Kerala reported in (2013) 14 SCC 266, the Hon’ble Supreme Court said that a proposition to the effect that if statement of a witness is recorded under Section 164 Cr.P.C., his evidence in Court should be discarded, is not at all warranted. As the defence had no opportunity to cross-examine the witness whose statement was recorded under Section 164 Cr.P.C. or under Section 161 Cr.P.C., such statements cannot be treated as substantive evidence.

Deepak Mahto @ Deepak Kumar Vs State of Bihar on 12 Apr 2021
Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 154 - Information in Cognizable Cases CrPC 161 - Examination of Witnesses By Police CrPC 164 - Recording of Confessions and Statements Deepak Mahto @ Deepak Kumar Vs State of Bihar False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Legal Procedure Explained - Interpretation of Statutes Statements under Section 154 Cr.P.C. or under Section 161 Cr.P.C. or under Section 164 Cr.P.C. can be used for corroboration and contradictions only but NOT as Substantive Evidence | Leave a comment

Nandini Satpathy Vs PL Dani and Anr on 07 Apr 1978

Posted on January 16, 2021 by ShadesOfKnife

 

Nandini Satpathy Vs PL Dani and Anr on 07 Apr 1978

Citations :

Other Sources:

https://indiankanoon.org/doc/1938988/

https://www.casemine.com/judgement/in/5609abcce4b014971140d5d5

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 20(3) - Right to Remain Silent Catena of Landmark Judgments Referred/Cited to CrPC 160 - Police officer’s Power to require Attendance of Witnesses CrPC 161 - Examination of Witnesses By Police Landmark Case Legal Procedure Explained - Interpretation of Statutes Work-In-Progress Article | Leave a comment

Rajesh Gutta Vs State of A.P. on 1 March, 2011

Posted on September 24, 2018 by ShadesOfKnife

Hon’ble High Court of Andhra Pradesh held that,

In which it is clearly stated that the police Officer has to question the victim girl, witnesses and contradict the witnesses and record the same. In the present case, the statement of the victim girl is concerned, the investigation officer stated in the charge sheet that he has contacted her and she confirmed the contents of the complaint given by the complainant. This Court is of the view that the Investigating Officer has to confirm the allegations mentioned in the complaint with the aggrieved person. This Court is of the view that the Officer, who is investigating the case, should record the statement as per the above said provisions. The first duty of the Investigating Officer is to find out the probability and truthfulness of her complaint unless otherwise the complainant’s version appraised by the Investigating Officer with the facts and circumstances of the case. Merely recording the statement as stated by the witnesses cannot be called as investigation. Investigation includes examination of the witnesses, confronting the witnesses on the basis of materials collected by the Investigating Officer and also the version of the person who is aggrieved because of the said complaint. Mere reproduction of the complaint without proper examination cannot be called as statement recorded during investigation.

 

Rajesh Gutta Vs State of A.P. on 1 March, 2011

Case Details:

Rajesh Gutta Vs State of A.P. on 1 March, 2011 (Case Details)

Citations: [2011 RCR CRIMINAL 5 452], [2011 CRLJ 3506], [2011 CRIMES 3 236], [2011 DMC 2 655], [2011 SCC ONLINE AP 562], [2011 CRI LJ 3506], [2012 E CR N 1 365]

Other Source links: https://www.casemine.com/judgement/in/5767b10ee691cb22da6d1ec2 or https://mynation.net/docs/4921-2010/

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 161 - Examination of Witnesses By Police CrPC 162 - Statements To Police Not To Be Signed - Use Of Statements In Evidence CrPC 188 - Offence Committed Outside India CrPC 482 – Criminal Proceeding Quashed Delay or Unexplained Delay In Filing Complaint Legal Procedure Explained - Interpretation of Statutes No Territorial Jurisdiction Rajesh Gutta Vs State of A.P. What is Investigation | Leave a comment

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