STATEMENTS TO POLICE ARE NOT SUBSTANTIVE EVIDENCE

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Prashant Johri

Prashant Johri

Self Employed at District Court

发布日期: 2022年3月7日

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A statement recorded by police officer during investigation is neither given on oath nor is it tested by cross-examination. According to the law of evidence, such statement is not considered as substantive evidence because police cannot be trusted for recording the statements correctly.

Now the question arises : when the police cannot make any effective use of the statements made before them, then what purpose do such statements serve ?

Firstly, such statements can be used to test the truthfulness and correctness of the witnesses when such witnesses are examined in a court.

Secondly, if the person whose statement has been recorded by the police contradicts such statement in the Court and testifies that he did not make such statement, the very foundation of the prosecution case becomes suspicious or unreliable and consequently, it loses its value.

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