November 28, 2013

Witness : Difference between his statement before a police and his statement before a Magistrate under 164 #Law #India


The statements are like to steps on a stair. One by one they build a chain.

When a witness gives statement to police, police records it. But police cannot ask witness to sign it. Later it is open to witness to say that he never said this to police. He can say that Police added something on his own.

But when a witness gives a Statement under 164 before a Magistrate, it is difficult for witness to change his statement before another judge when trial will begin.

The statement before Magistrate has more weight. It frees witness from fear of pressure for changing his statement at the time of trial.

Haresh Raichura
29/11/13


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