The Significance of Recording in Police Stations
Under Section 161 of the Criminal Procedure Code (CrPC), an accused person can be interrogated by the police. The purpose of this interrogation is to gather evidence that can be presented in court and to help the police frame charges. Our experts explain the importance of an admission of guilt by the accused person. This admission is admissible as evidence in court only if the court is satisfied that it was made voluntarily.
Ensuring Accurate Documentation
- The statement of a prosecution witness can only be excluded if it has been officially recorded in writing.
- The statement must be appropriately verified and proven to be authentic.
- The statement can be utilized as evidence only if it is specifically brought to the attention of the concerned parties involved in the legal proceedings.
How Y/our Lawyer helps in The Significance of Recording in Police Stations?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
How Y/our Lawyer helps in The Significance of Recording in Police Stations?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
Overview
This article provides comprehensive insights into the recording of statements by the police, covering both cognizable and non-cognizable offenses. It elucidates the process of documenting statements given by witnesses and individuals during investigations. It is important to note that investigations serve as preliminary stages for evidence collection. The police officer handling the case is responsible for examining witnesses and documenting their statements in writing, as per Section 161 of the Code of Criminal Procedure. However, it is crucial to understand that statements recorded by the police hold no admissible evidentiary value. The article further explores the evidentiary significance of recorded statements in its concluding section.
Information Gathering in Cognizable Offences
To begin investigating a case in cognizable offences, a police officer must first receive a First Information Report (FIR). Section 154 of the Code outlines the procedure for providing information in cognizable cases.
The informant, who possesses knowledge of the committed offence, can visit the nearest police station and provide all relevant details within their knowledge. The information can be given either in writing or orally. In the case of oral information, the police officer must record it in writing and read it back to the informant. However, the police officer is not obligated to record every statement made to them. If a statement is written down, the police officer must maintain a separate record for each person’s statement.
Cognizable offences, being more serious in nature and not requiring a warrant for arrest, empower the police to commence immediate investigations. If the police fail to take action after the FIR is lodged, the complainant has the option to approach the Magistrate under section 190 of the Code. The Magistrate can then issue an order for the police officer to conduct an investigation.
Non-Cognizable Report
The police station and its officers serve as intermediaries between citizens and law enforcement, providing assistance during times of crisis, risk, or need. Prior to visiting a police station to record a statement, one must inform the police officers about the offense committed against them or the state.
Upon receiving the information, the police examine it to determine whether it pertains to a cognizable or non-cognizable offense. In the case of a cognizable offense, the police have the authority to arrest the accused without a warrant. Conversely, for non-cognizable offenses, the police await orders from the Magistrate with jurisdiction to proceed with an arrest and initiate an investigation. Consequently, it is crucial to register the received information as a First Information Report (FIR), which allows the police to initiate an investigation either on their own motion or as directed by the Magistrate.
In contrast, non-cognizable offenses are those where the police lack the power to arrest without a warrant. The informant is referred to the Magistrate, who provides an order for the police officer to conduct an investigation. Section 155 of the Code delineates the process of providing information in non-cognizable offenses and determines whether the police can proceed with such a complaint.
Documentation of Statements by Police Officers
Section 161 of the Code establishes the procedure for examining witnesses and recording their statements by the police, which are subsequently utilized for framing charges.
According to this section, the police are required to conduct an examination of individuals and record their statements during the investigation. This includes both witnesses and the accused, who are obligated to answer all questions posed by the officer, except those that would incriminate them or result in any penalty or forfeiture.
The accused is protected under this section, as they have the right to remain silent when facing questions that may incriminate them. Every individual enjoys the right against self-incrimination. Furthermore, when examining witnesses familiar with the facts and circumstances of the case, the police document the statements made during the investigation. It is important to note that the statements of each witness should be recorded separately.
The statements recorded by the police should be in a direct form and not in indirect speech. As per section 161(3) of the Code, a summary of the recorded statements of witnesses is to be mentioned in the case diary. In the case of Muniswamy v. State, it was determined that if a statement is recorded in a vernacular language, a copy of the original should be provided to the accused. Similarly, in the case of Dalla v. State of Rajasthan, it was held that the accused can obtain copies of the statements recorded by the investigating agency.
The Legal Significance of Recorded Statements
Section 161 of the Code clarifies that statements recorded by the police hold no standalone evidentiary value and cannot be directly used as evidence by the prosecution. However, there are exceptions to this rule. If a statement falls under Section 27 of the Evidence Act or Section 32, it may be admissible as evidence.
Under Section 27 of the Evidence Act, the information received from the accused can be proven, and Section 32 outlines the relevance of statements made by deceased individuals when their statements cannot be obtained. In cases where a witness’s statement during the investigation has not been recorded under Section 161 of the Code, the court must assess the evidentiary value of the witness’s testimony. If it is found that the accused has been prejudiced, the court may disregard such evidence.
Furthermore, Section 162 specifies that statements made to the police during the investigation should not be signed. Additionally, the Amendment Act of 2013 mandates that statements in cases of rape should be recorded by a Magistrate, with a preference for a woman officer as the police or investigating officer.
