Authenticity of an Oral Statement under Indian Law
By Team Legistify / 2016-04-02
Oral evidence is gaining importance, making it a tedious work for most courts. But oral evidence and its significance do not seem to be going out of style or the courtrooms any time soon. Oral evidence is certainly a tricky maze to manoeuvre.

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People living in civilised society are generally insensitive when a crime is committed in their presence. They try and do everything possible to withdraw themselves from a Victim and an Accused, unless and until it seems inevitable. In this case Appabhai Vs. State of Gujrat AIR 1988 SC 696 . This observation was made by the Hon’ble Apex Court when prosecution could not produce independent witnesses in that case. In the process of investigation, under Section 161 of Cr.P.C, any Police officer making an investigation is accredited and empowered to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to records statement of witnesses. These statements are predominantly called as section 161 Cr.P.C statements.

This job is to gather the important or any evidence against accused. After filing a charge sheet, these statements will also be perused by the Court to take cognizance of an offence. Such a statement can only be utilized for contradicting the witness in the manner provided by Section 145 of the Evidence Act.

Evidentiary Value

Oral evidence is a much less satisfactory proof that a documentary proof. But justice cannot be administered in the most important cases without resorting to it. In all civilized systems of jurisprudence, there is a presumption against perjury. The correct rule is to judge the oral evidence with reference to the conduct of the parties, and the presumption and the probabilities legitimately arising in the case. Another test is to see whether the evidence is consistent with the common experience of mankind, with the usual course of nature and of human conduct and with well-known principles of human action.

The requirements

Oral evidence is gaining importance, making it a tedious work for most courts. But oral evidence and its significance do not seem to be going out of style or the courtrooms any time soon. Oral evidence is certainly a tricky maze to manoeuvre.

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