• Use of Statement given by witness in Criminal Investigation

Can a statement of witness given to police during criminal investigation (before filing of chargesheet) be used / relied upon in a CIVIL suit during argument of injunction application. I need a citation on this.
Asked 1 year ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu
As the Section 162 Criminal Procedure Code statements sought to be marked through the Sub-Inspector of Police could be used only for the limited purpose of an inquiry or trial in a criminal case


2)under  Section 145 of the Evidence Act 

"A witness may he cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him or being proved but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him."


3) under the circumstances the statements recorded by a police officer under Section 162, could be used in a civil proceeding under Section 145 of the Evidence Act

4) it cannot be used for arguments in injunction application 
Ajay Sethi
Advocate, Mumbai
36390 Answers
2017 Consultations

5.0 on 5.0

In my opinion such statement can be used for certain purposes in a civil suit. I think following judgment shall answer your query thoroughly. It is full bench judgment
Malakala Surya Rao And Ors. vs Gundapuneedi Janakamma on 5 July, 1963
AIR 1964 AP 198,
H. S. Thukral
Advocate, New Delhi
550 Answers
162 Consultations

5.0 on 5.0

Yes why not. This is basic law, you require no citation for this. 
Ashish Davessar
Advocate, Jaipur
21579 Answers
577 Consultations

5.0 on 5.0

This has no relevance to the civil case
Statement given to police before filing charge sheet has no significance since the witness has to depose the evidence again before the court and to be cross examined, only such depositions can be relied upon and not the statements prepared by police on their own in the guise of statement by witness. 
You can search for citations yourself, or engage the services of an advocate to procure you the desired citation on his terms. 
T Kalaiselvan
Advocate, Vellore
26340 Answers
265 Consultations

5.0 on 5.0

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