Legal Question in Criminal Law in India

while crossexaminig i.o can we refer 161 statement of awitness who could not come to the court to give evidence due to illness


Asked on 8/01/11, 9:26 pm

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

See section 162 Cr.P.C.

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Answered on 8/01/11, 9:34 pm
Sanjay Kalra Sanjay Kalra & Associates

Yes

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Answered on 8/01/11, 10:22 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

no, unless the statement is reiterated before the court by the same witness, it cannot be relied upon in cross examination. it can only be done by invoking section 32 of indian evidence act.

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Answered on 8/01/11, 11:16 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 8/02/11, 1:29 am


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