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At a trial of the offence under investigation, a prosecution witness testifies differently from a…

Section 181 allows the accused to use the relevant part of the statement to contradict a prosecution witness. The prosecution may do so with the court's permission.…

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At a trial of the offence under investigation, a prosecution witness testifies differently from a written police statement. Under section 181(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, how may the accused ordinarily use a duly proved part of that statement?

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Answer and explanation

Correct answer B

Section 181 allows the accused to use the relevant part of the statement to contradict a prosecution witness. The prosecution may do so with the court's permission. Re-examination may explain matters raised in cross-examination. The section also preserves the statutory rules on dying declarations and discovery.

Option feedback

Option A

A statement recorded by police is generally not substantive evidence under section 181.

Option B

Section 181 permits the accused to use a duly proved portion to contradict the witness under section 148 of the Bharatiya Sakshya Adhiniyam, 2023.

Option C

The permitted contradiction does not replace the witness's testimony.

Option D

The statutory use of a duly proved portion does not make the police diary substantive evidence.

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