Record statements of witnesses in audio-video mode: court

: While acquitting three persons of kidnapping and rape charges, a court here has suggested to the Delhi Police that the statements of witnesses be recorded in audio-visual mode to avoid confusion during trials.


“The provision under Section 161 [examination of witnesses by police] of the CrPC was amended with effect from December 21, 2009, and it has been brought in the statute book that statements under Section 161 CrPC may be recorded by audio-video means as contemplated in the proviso to Sub-Section 3,’’ the Additional Sessions Judge said.

‘To cause no problem’

“When all policemen have mobile phones with cameras, the object of this provision can be easily met by recording statements of at least public witnesses through audio-video means, and to avoid any kind of allegation, a copy of the same may be given to the witnesses for future reference,’’ the judge said. “This step should have been taken at least in heinous offences like murder and rape, but I have not come across a single charge sheet where the statements of the witnesses were recorded through audio-video means,’’ the judge added.

“In the present case, there were allegations and counter-allegations between the prosecution and the complainant on one hand and the investigating officers on the other, not only in respect of manner of investigation, but also about the recording of statement by the police under Section 161 of CrPC.’’


The victim had been allegedly adducted by the trio, and later allegedly raped by one of them in 2008. However, the victim had committed suicide before the trial began. The court acquitted all three as the prosecution could not prove the charges.

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