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The credibility of witness statements, especially those recorded under Section 164 Cr.P.C., is considered higher than statements under Section 161 Cr.P.C., making such statements particularly significant in assessing involvement and guilt ["
Shivamurthy Murugha Sharanaru VS State of Karnataka Through Chitradurga Rural Police Station - Crimes
"], ["2023 0 Supreme(Kar) 629"].Importance of Witness Credibility and Consistency
Witnesses’ conduct, such as their actions after the incident or their statements about prior knowledge, can influence the weight given to their testimonies. For example, witnesses claiming ignorance about the incident or inconsistent statements about their involvement weaken the case ["2024 Supreme(Online)(Pat) 3732"].
Statements Made by Accused or Witnesses Can Influence Investigations and Judgments
Analysis and Conclusion:Statements made by witnesses or accused persons to investigators are of critical importance in criminal and insurance investigations. Their significance depends on credibility, consistency, and the manner in which they are recorded. Higher credibility is attributed to statements under Section 164 Cr.P.C., but issues such as coercion, false promises, or discrepancies can diminish their evidentiary value. Therefore, such statements can greatly influence case outcomes, but their importance must be carefully evaluated considering the circumstances of recording and corroboration with other evidence.
In corporate investigations, internal probes, or legal disputes, statements from witnesses or accused individuals given to company investigators often play a pivotal role. But a common question arises: Statement Made by Witnesses or Accused to Investigator of Company is having any Importance? Under Indian law, these statements generally carry limited evidentiary importance unless they meet strict admissibility criteria. This blog delves into the nuances, drawing from key legal principles and case insights to help businesses, HR professionals, and individuals understand their courtroom potential.
Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your situation.
Statements made by witnesses or accused persons to a company investigator (or even police) are typically viewed as and inadmissible in court unless they qualify under exceptions like the doctrine or of the , 18722004 2 Supreme 140. evidence—out-of-court statements offered to prove the truth of the matter asserted—is generally excluded to ensure reliability and allow 2004 2 Supreme 140.
bar confessions or statements to police (or in custody) from being proved against the accused, absent specific conditions 2004 2 Supreme 140. This extends analogously to company investigators, treating their statements as secondary unless proven otherwise.
Under , facts discovered due to information from an accused in police custody can be proved—but only to the extent it relates directly to the discovery, like recovering stolen items 1963 0 Supreme(SC) 203 2004 2 Supreme 140. The section is meant to facilitate proof of facts discovered through the accused's information, not to establish the truth of confessional statements per se 1963 0 Supreme(SC) 203. and proper recording are crucial 1963 0 Supreme(SC) 203.
Statements immediately after an event, forming part of the same transaction, are admissible as . They are spontaneous and reliable due to the immediate influence of the event 2004 2 Supreme 140. Delayed statements during investigations rarely qualify and face suspicion 2004 2 Supreme 140.
Recorded statements must ensure and accuracy, often with independent witnesses. Non-compliant ones have limited evidentiary value and may be 2004 2 Supreme 140.
Company investigators (e.g., in insurance or corporate fraud probes) face similar scrutiny. Principles mirror police statements: unless excepted 2004 2 Supreme 140. In insurance claims, courts often discount unexamined investigator reports or unsigned witness statements. For instance, The insurance company did not examine the said investigator nor did it mark the report prepared by the investigator... No much credence could be given to the statement of the witnesses recorded in the inquest also, as the said statements were not signed by the said witnesses 2024 Supreme(Online)(Telangana) 45263 2024 Supreme(Online)(Tel) 42385.
In another case, an investigator's report relying on police statements without direct evidence failed to prove suicide over accident, placing the on the insurer
. Similarly, Production of affidavit of the Vice President of the investigative company is of no avail since the statement of the doctor was not given before the Vice President of the company 2015 0 Supreme(J&K) 215. These highlight that company statements need examination of the investigator, corroboration, and legal proof to matter
.
Criminal precedents reinforce caution. In murder trials, delayed or inconsistent witness statements to investigators assume lot of importance only if corroborated, but unreliable ones lead to acquittal 2024 0 Supreme(Pat) 324. These facts, if seen in the context of the clear suggestion to the witnesses... assumes lot of importance 2024 0 Supreme(Pat) 324. Courts stress for discrepancies 2024 Supreme(Online)(Pat) 3733.
In a case, poor investigation—including unexamined weapons and inconsistent witness evidence—resulted in acquittal, urging better police training 2020 0 Supreme(Gau) 128. There has been inconsistencies between the evidence of the witnesses and the I/O 2020 0 Supreme(Gau) 128.
Courts demand rights, proper recording, and proximity to events2004 2 Supreme 140.
Statements to company investigators generally have limited importance in Indian courts due to rules, but can gain traction via , , or strong corroboration 2004 2 Supreme 140 1963 0 Supreme(SC) 203. Cases across criminal and civil realms—from murder acquittals to insurance repudiations—underscore the need for procedural rigor 2024 0 Supreme(Pat) 324 2024 Supreme(Online)(Telangana) 45263. Businesses should prioritize compliant investigations to avoid evidentiary pitfalls.
In summary, evidentiary value depends on compliance, timing, , and corroboration. Stay informed, but seek professional advice for specific cases.
References:1. 1963 0 Supreme(SC) 203: and investigation statements.2. 2004 2 Supreme 140: , , and admissibility principles.
#IndianEvidenceAct, #LegalInsights, #WitnessStatements
The case of the Insurance company is that they engaged private investigator and had came to know that the vehicle was driven not by Udaya Kumar but by the deceased Dinesh Kumar. Suppressing the fact that the police has made Udaya Kumar as an accused showing him as the rider of the two wheeler. ... Even according to the first report of the private investigator engaged by the Insurance Company, the vehicle which stood in the name of Ravi Kumar been sold to Udaya Kumar, the acc....
These issues are left unanswered by the Investigator. 21. These facts, if seen in the context of the clear suggestion to the witnesses about the deceased being the killer of one Mantu (son of Nagina) who too was made accused but acquitted, assumes lot of importance. ... What is of extreme importance is that Bijouta Devi (P.W. 2), who is the mother of the deceased had specifically told the Investigator that the only person who had witnessed the occurrence was her husb....
These issues are left unanswered by the Investigator. 21. These facts, if seen in the context of the clear suggestion to the witnesses about the deceased being the killer of one Mantu (son of Nagina) who too was made accused but acquitted, assumes lot of importance. ... What is of extreme importance is that Bijouta Devi (P.W. 2), who is the mother of the deceased had specifically told the Investigator that the only person who had witnessed the occurrence was her husba....
The insurance company did not examine the said investigator nor did it mark the report prepared by the investigator. ... No much credence could be given to the statement of the witnesses recorded in the inquest also, as the said statements were not signed by the said witnesses. The charge-sheet filed by the Police was not challenged by the Insurance Company in any forum. ... The Insurance Company examined its Assistant Manager as RW.1. He stated that....
The insurance company did not examine the said investigator nor did it mark the report prepared by the investigator. ... No much credence could be given to the statement of the witnesses recorded in the inquest also, as the said statements were not signed by the said witnesses. The charge-sheet filed by the Police was not challenged by the Insurance Company in any forum. 29. ... The Insurance Company examined its Assistant Manager as RW.1. He stated ....
His statement was recorded by the Investigator after about 03 days of the occurrence. He though claimed complete ignorance about the murder of the son of the appellant and P.W. 1 having been made accused in that case, which fact appears to be very curious. ... Two independent persons, viz., Bengali Sao and Tuntun Singh (P.W. 8 and P.W. 9 respectively) though had made statement before the Investigator during investigation, expressed complete ignorance about the occurre....
In that case, a delayed recording of statement of P.W. 3 assumes importance especially in view of the fact that any investigator would actually look for the real eye witness of the occurrence. 34. ... The investigator, very plainly conceded before the trial Court that he had made no efforts to know about the students. ... Sone Lal Mahto (P.W. 1) appears to have made a stark departure from his earlier statement and even claimed to have been assaulted by the appellants ....
The degree of credibility attachable to statement under section 164 Cr.P.C., is higher than the statement under Section 161 Cr.P.C. Thus seen, the first doubt in the materials collected by the investigator arises. ... But the materials collected by the investigator must prima-facie indicate the involvement of accused No.1. ... (iv) Chances of accused influencing prosecution witnesses and tampering with evidence. 10. ... (e) The conduct of two girls in going to ....
The degree of credibility attachable to statement under section 164 Cr.P.C., is higher than the statement under Section 161 Cr.P.C. Thus seen, the first doubt in the materials collected by the investigator arises. ... But the materials collected by the investigator must prima-facie indicate the involvement of accused No.1. ... (e) The conduct of two girls in going to Bengaluru on 24.07.2022 leaving the hostel at 4.00pm assumes importance. ... Like that the statements of other #HL_STAR....
There is no materials produced either by way of statement or documents to show that the petitioner had any prior knowledge about the accident details or knew any of the accused in this case. ... The Doctor connived and made corrections in the Accident Register. These aspects confirmed by the statement of father of the injured and grocery shop owner in Attur. The brother of the injured confirms that he came to know about the accident at about 3.30 p.m. ... 9.The trial Court as well as the Lower Appellate Court on the evi....
1. It is a fact that the accused Lalremsiama simply reiterated while boarding in the vehicle what he had disclosed before the Police at the PS. It is a fact that while giving company to the accused, the accused repeatedly made disclosure statement before us.'
However the fact remains that the so-called statement of Dr. B.A. Production of affidavit of the Vice President of the investigative company is of no avail since the statement of the doctor was not given before the Vice President of the company. Butt before the investigator, of the deceased life insured suffering from ailments and having been treated for the same prior to his death were not proved by the insurance company by producing the investigator or for that matter the doctor who gave the statement.
He further stated that the investigator gave his reference in his report, but he swore this affidavit in his pleading that he has not made any such statement before the investigator. Sh. Vijay Kumar has denied his presence or having been made any such statement before investigator in his affidavit Ex.C-6. There is another affidavit of Veena Rani Complainant dated 17.03.2011 on the record that alleged affidavit under purported to be her name by the OPs is self-document of the OP/company.
The respondent had never made any statement to the appellants or to the investigator as alleged. She was medically examined before the issuance of the policy by Doctor who was on the panel of the appellants.
The Marg Summary report in accidental death is brought on record. The investigator of the Insurance Company did not record the statement of any witnesses. The Respondent No.1 relied on the investigation report, which shows that investigator himself relied on the so called investigation allegedly carried out by the Police in accidental death. He relied on the statements, so-called recorded by the Police in accidental death.
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