Sessions Court Directed to Recall Witnesses for Cross-Examination Under Bharatiya Sakshya Adhiniyam, 2023
In a significant ruling, the Kerala High Court has reinforced the rights of the accused by allowing the use of prior statements during cross-examination to challenge the credibility of witnesses. The judgment, delivered by Justice A. Badharudeen, came in response to a petition filed by Lawrence and others, who are accused in a case pending before the Additional Sessions Judge-VII, Thiruvananthapuram.
The petition challenged an order by the Sessions Judge that disallowed the use of previous statements recorded under Section 161 of the Criminal Procedure Code (Cr.P.C.) during the cross-examination of witnesses. The Sessions Judge had cited Section 162 of Cr.P.C. as the basis for this prohibition. However, the High Court clarified that this interpretation was flawed.
Justice Badharudeen emphasized that while Section 162 Cr.P.C. restricts the use of statements recorded under Section 161 Cr.P.C. as evidence, it does not prohibit their use for contradicting witnesses under the mandate of Section 145 of the Indian Evidence Act, now encapsulated in Section 148 of the Bharatiya Sakshya Adhiniyam, 2023. The court observed that the failure to allow such use violated the established principles of cross-examination, which aim to test the veracity and credibility of the evidence provided by witnesses.
The High Court's order mandates the recall of prosecution witnesses 1 to 3 for cross-examination, allowing the defense to utilize their previous statements as per Section 148 of the Bharatiya Sakshya Adhiniyam, 2023. The Sessions Court has been directed to expedite this process within three weeks, with an expectation of cooperation from the petitioners.
The judgment underscores the accused's absolute right to use prior statements for the purpose of contradiction during cross-examination, reinforcing the procedural fairness and integrity of the judicial process.
Bottom line:-
Statements recorded under Section 161 of Cr.P.C. can be used during cross-examination to contradict a witness under the mandate of Section 145 of the Indian Evidence Act, 1872, now corresponding to Section 148 of the Bharatiya Sakshya Adhiniyam, 2023.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Bharatiya Sakshya Adhiniyam, 2023 Section 148, Indian Evidence Act, 1872 Section 145, Cr.P.C. Section 161, Cr.P.C. Section 162
Lawrence v. State of Kerala, (Kerala) : Law Finder Doc id # 2904712
