An investigating police officer personally conducts a test identification parade. A witness tells the…
Touching the accused to tell the investigating police officer whom the witness recognises communicates an identification by conduct. Section 181 of the Bharatiya Nagarik…
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An investigating police officer personally conducts a test identification parade. A witness tells the officer which person they recognise by touching that person. Can the prosecution prove that communication through the officer as substantive evidence at the trial for the offence being investigated?
Answer and explanation
Correct answer B
Touching the accused to tell the investigating police officer whom the witness recognises communicates an identification by conduct.
Section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars substantive use of that police-investigation statement on these facts. Section 7 of the Bharatiya Sakshya Adhiniyam, 2023, concerns relevance and does not override that restriction.
Option feedback
Option A
Section 7 concerns relevance of identification. It does not override the restriction on use of a statement made to investigating police.
Option B
The gesture communicates identification to the officer conducting the investigation. Section 181 restricts its use as substantive evidence.
Option C
Death of the witness by itself does not put this identification in the exception for a statement concerning the cause of that witness’s death.
Option D
Section 180 concerns police examination of witnesses. The evidentiary restriction at issue comes from section 181.
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