Question
Consider the following statements regarding statements
to police under Section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: Statements given by a witness to police must be signed by the witness to ensure accuracy. Statement 2: Statements given to police cannot be used as direct evidence in Court but can be used to contradict or corroborate witness testimony. Statement 3: Police should not record exact words of the witness; paraphrasing is permissible to ensure clarity. Statement 4: A witness can challenge their statement given to police during cross-examination if they testify at trial. Which statements are correct?Solution
Section 181 of BNSS, 2023 provides that statements to police "shall not be signed by the person making it, and no entry shall be made...containing the exact words used". They can be used "only to contradict or corroborate in the manner provided by the Bharatiya Sakshya Adhiniyam". Statement 2 is correct—unsigned statements cannot be direct evidence but support credibility testing. Statement 4 is correct—witnesses can challenge prior statements during cross-examination. Statement 1 is incorrect because statements "shall not be signed" by the witness. Statement 3 is incorrect because the section requires the exact words used by the person, not paraphrasing. Statements 2 and 4 are correct.
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