Legal Question in Criminal Law in India

in the crossexamination of awitness he discloses some facts which he had not given in 161 and in the chief.can these facts be taken at the the time of arguement to support the diffence case .or is it limited to "omission' only.

Asked on 10/13/11, 10:50 pm

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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sec 162 of Cr Pc prohibits the use of statement recorded u/s 161 of the Cr Pc for any purpose, save otherwise for the purpose of contradicting the witness by the accused and with the permission of the court, by the prosecution, in the manner provided by sec 145 of Indian Evidence act.

So the facts can be used by the defence for contradicting witness of prosecution.

Answered on 10/13/11, 11:41 pm

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Sanjay Kalra Sanjay Kalra & Associates

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yes ,the statement can be used .

Answered on 10/13/11, 11:42 pm

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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In a case pending trial before Court, the counsel handling trial is the best judge of the situation. You should permit him to exercise his wisdom and argue the case.

Answered on 10/14/11, 1:04 am

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