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At the trial of the offence under investigation, the court calls a person as its own witness. The…

The contradiction proviso to section 181(1) applies to a witness called for the prosecution. It does not authorise the parties to contradict a court witness with an ordinary…

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At the trial of the offence under investigation, the court calls a person as its own witness. The person gave an ordinary statement to police during that investigation. No dying declaration or discovery exception applies. How may the parties use the police statement under section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

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Answer and explanation

Correct answer D

The contradiction proviso to section 181(1) applies to a witness called for the prosecution. It does not authorise the parties to contradict a court witness with an ordinary police investigation statement, and the general bar prevents corroboration. The judge's own power to put questions under section 168 of the Bharatiya Sakshya Adhiniyam, 2023 is distinct from the parties' use of the statement.

Option feedback

Option A

Incorrect: The accused's right to use the statement for contradiction under the proviso concerns a prosecution witness.

Option B

Incorrect: Permission under the proviso does not extend the prosecution's right to a court witness.

Option C

Incorrect: Section 181 does not permit corroboration with an ordinary police investigation statement.

Option D

Correct: The witness was called by the court, so neither party can use the statement for the proposed purposes.

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