Write a short note on Statements recorded under Sections 161 and 164 Cr.P.C.

Question: Write a short note on Statements recorded under Sections 161 and 164 Cr.P.C. [DJS 2008]

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Answer

Section 161 of the Code titled “Examination of Witness by Police” empowers the police officers to record any statement of any person who is acquainted with the facts of the case. The examination means oral examination and refers to such statements and these statements are specifically recorded by those officers who are investigating the case.

The purpose of the Statement is to provide evidence and lead the investigation finally reaching to a conclusion. When an offence is committed, many people may have witnessed the crime, many people know why it might have been committed and many people may know where the offender is. The statements of all these people are necessary to know the intention and motive behind the crime and the recovery of the accused.

Precisely, any statement made to a police officer is never admissible in court as evidence. It is not hidden that the condition of the police in the country is not very good and oftentimes, maximum statements are given after 1st degree or 2nd-degree torture. In such circumstances, people tend to nod to whatever the police ask them to do to avoid pain. Thus, making such statements admissible will defeat the purpose of criminal law, i.e. justice. Hence, such statements are inadmissible in court as evidence.

Section 162 of the Code provides that any statement recorded by the police under Section 161 shall not be signed by the maker of the statement and it shall not be admissible as evidence before the court during any trial. The law specifically requires that the statements should not be signed so that it cannot be proved that it was given by that specific person.

Section 164 of the Code empowers the Judicial Magistrate or Metropolitan Magistrate to record the statements of any witness or accused whether confessional or non-confessional. First of all, it is a common misunderstanding that Section 164 provides for the recording of the confession of the accused. Nevertheless, the provision accredits the Magistrate to record both confessional and non-confessional statements of the accused and also the Statements of the witnesses if it is required to be made before the Magistrate.

A statement recorded by the Judicial or Metropolitan Magistrate according to the procedure laid down in Section 164 is admissible in the court as evidence and can also form the sole basis for conviction. In Parmananda v. State of Assam [2004 (2) ALD Cri. 657], the court held that the endeavour of the court should be to apply its mind to the question of whether the accused was free from threat, duress or inducement at the time of making the confession. If the statement was made voluntarily, there is no bar against its admission.

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