Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 1811: Statements to Police and Use Thereof
(1) No statement made by any person to a police officer in the course of an investigation under this Chapter shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:
- Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of section 23 of that Adhiniyam.
Explanation.— An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.
Brief Detail
This section regulates the use of statements made to police officers during investigations. It stipulates that such statements, if written, cannot be signed by the person making them and cannot be used at inquiries or trials, except in specific circumstances. If a witness's written statement is used, parts may be introduced by the accused or prosecution to challenge the witness's credibility. The section also clarifies exceptions regarding certain statements under the Bharatiya Sakshya Adhiniyam.
Question & Answers
Q1: Can a statement made to a police officer be signed?
A1: No, if a statement is reduced to writing, it shall not be signed by the person making it.
Q2: When can a written statement be used in a trial?
A2: A written statement may be used to contradict a witness if that witness is called for prosecution, with the court's permission.
Q3: Does this section apply to all types of statements?
A3: No, it does not apply to statements that fall under clause (1) of section 26 of the Bharatiya Sakshya Adhiniyam or affect section 23 of that Adhiniyam.
Q4: Can omissions in statements be considered contradictions?
A4: Yes, an omission may amount to a contradiction if it is significant and relevant, and whether it constitutes a contradiction is a question of fact.
Example
- If a witness provides a statement to the police about an incident but does not sign it, that statement cannot be used in trial proceedings unless it is presented under specific conditions.
- During a trial, if a witness contradicts their earlier statement, the accused may introduce parts of the written statement to challenge the witness's credibility.
- If a witness omits mentioning a crucial detail in their statement, this omission can potentially be considered a contradiction if it is significant to the case context.
Summary
Section 1811 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the limitations on the use of statements made to police during investigations. It prohibits signed written statements from being used in inquiries or trials, except under specific conditions that allow for challenging a witness's credibility. It emphasizes that certain omissions in statements may be relevant to establishing contradictions, highlighting the nuances in evaluating witness statements.
