High Court for audio/video recording of witness statements
09/11/2019, STAFF REPORTER,MADURAI
With the list of hostile witnesses getting bigger each day resulting in acquittals, the Bench of the Madras High Court on Friday wondered if it can put to use audio/video electronic means for recording statements so that the witnesses who disown their statements can be confronted.
A Division Bench of Justices S. Vaidyanathan and N. Anand Venkatesh observed that if the trend of hostile witnesses was allowed to continue, people will lose faith in criminal justice system. Recording of examination of witnesses by police will make it easier for prosecution to confront witnesses.
“It will bring in an element of deterrence and make the witness think twice before he disowns the statement given to the police.” Also, this will enable the witness to substantiate before the court whether the statement was actually given by him or not.
The court said similar provisions were added to Criminal Procedure Code which deals with recording of statements by Metropolitan Magistrates or Judicial Magistrates. Also in POCSO cases, the special courts were recording the statements of victims.“We are living in an era where science has grown so much and it is high time that electronic means were used extensively in investigation and quality of investigation is substantially improved,” the court said.
The court sought the assistance off Bar associations of the HC Bench. The court further directed the State Public Prosecutor and Additional Public Prosecutor to take necessary instructions from the police, to assist the court. The case was posted for hearing on November 13.
09/11/2019, STAFF REPORTER,MADURAI
With the list of hostile witnesses getting bigger each day resulting in acquittals, the Bench of the Madras High Court on Friday wondered if it can put to use audio/video electronic means for recording statements so that the witnesses who disown their statements can be confronted.
A Division Bench of Justices S. Vaidyanathan and N. Anand Venkatesh observed that if the trend of hostile witnesses was allowed to continue, people will lose faith in criminal justice system. Recording of examination of witnesses by police will make it easier for prosecution to confront witnesses.
“It will bring in an element of deterrence and make the witness think twice before he disowns the statement given to the police.” Also, this will enable the witness to substantiate before the court whether the statement was actually given by him or not.
The court said similar provisions were added to Criminal Procedure Code which deals with recording of statements by Metropolitan Magistrates or Judicial Magistrates. Also in POCSO cases, the special courts were recording the statements of victims.“We are living in an era where science has grown so much and it is high time that electronic means were used extensively in investigation and quality of investigation is substantially improved,” the court said.
The court sought the assistance off Bar associations of the HC Bench. The court further directed the State Public Prosecutor and Additional Public Prosecutor to take necessary instructions from the police, to assist the court. The case was posted for hearing on November 13.
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