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During a police investigation, a witness communicates to the investigating officer that the witness…

BNSS section 181 bars use at trial of statements made to police during investigation, save for limited purposes such as contradiction. In Ramkishan Mithanlal Sharma v State…

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During a police investigation, a witness communicates to the investigating officer that the witness identifies the accused as the offender. May the officer prove that communication as substantive identification evidence at the trial, outside the permitted statutory uses?

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Correct answer B

BNSS section 181 bars use at trial of statements made to police during investigation, save for limited purposes such as contradiction. In Ramkishan Mithanlal Sharma v State of Bombay (1954) the Supreme Court held that a witness's communication of identification to the police is such a statement, distinct from the mental act of recognition, so the answer is "No; the statutory restriction on police-investigation statements applies to that communication". Accordingly "Yes, because every statement made during identification is substantively admissible", "Yes, because relevance to identity automatically overrides the police-statement restriction" and "It is conclusive evidence of identity whenever the officer records it" are wrong.

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