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For the purposes of Section 74 of the Bharatiya Sakshya Adhiniyam, 2023, how are witness statements…

Applying the principle laid down in Director, CBI v. Ram Jethmalani (1988), witness statements recorded by a police officer during investigation under Section 180 of the…

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For the purposes of Section 74 of the Bharatiya Sakshya Adhiniyam, 2023, how are witness statements recorded by a police officer during investigation under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 classified, applying the principle in Director, CBI v. Ram Jethmalani (1988)?

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Applying the principle laid down in Director, CBI v. Ram Jethmalani (1988), witness statements recorded by a police officer during investigation under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 161 CrPC) are not public documents within the meaning of Section 74 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 74 IEA) merely because a police officer reduced them to writing. Recording what a witness states does not make the statement an act or record of an act of a public officer, nor does it conclusively prove its contents.

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