Question

Any police officer making an investigation can:

A Record confessional statement of accused Correct Answer Incorrect Answer
B Record statement of witnesses Correct Answer Incorrect Answer
C Compel attendance of persons acquainted with facts and circumstances of a case Correct Answer Incorrect Answer
D Both (B) and (C) are correct Correct Answer Incorrect Answer

Solution

The powers of police officers during an investigation are laid down in the Code of Criminal Procedure, 1973. According to the provisions of the Code, any police officer making an investigation can: (A) Record confessional statement of accused - This option is incorrect. Section 25 and 26 of the Indian Evidence Act, 1872, provide safeguards against the recording of involuntary confessions by the police. Any confessional statement obtained by the police under coercion or inducement is not admissible as evidence in court. (B) Record statement of witnesses - This option is correct. During an investigation, the police officer is empowered to record the statement of witnesses under Section 161 of the Code of Criminal Procedure. The statement can be recorded in writing or orally and the witness must sign it. (C) Compel attendance of persons acquainted with facts and circumstances of a case - This option is also correct. Under Section 160 of the Code of Criminal Procedure, a police officer conducting an investigation has the power to summon and examine any person who is acquainted with the facts and circumstances of the case. (D) Both (B) and (C) are correct - This option is correct, as police officers making an investigation can both record the statement of witnesses and compel attendance of persons acquainted with the facts and circumstances of a case.

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