The Aurangabad bench of the Bombay Excessive Court docket has strongly criticised the prevalent “copy-paste tradition” within the recording of witness statements by police, calling for fast intervention and systemic reform.
A division bench comprising Justices Vibha Kankanwadi and Sanjay A Deshmukh expressed concern whereas listening to a plea filed by Amol Nikam and 4 of his members of the family, who had sought to quash proceedings arising from an FIR lodged at Erandol Police Station in Jalgaon district on February 24, 2024.
The case, initially registered as an unintentional demise, was later transformed to abetment of suicide, and subsequently beneath Part 305 after it was confirmed that the deceased was a 17-year-old minor woman.
Although the bench initially appeared disinclined to grant aid and the petition was finally withdrawn by the petitioners, the courtroom took suo motu judicial discover of the way through which statements beneath Part 161 of the Code of Prison Process (CrPC) had been recorded.
“Even in severe offences, the investigating officer has actually made copy-paste of the statements,” the courtroom famous, expressing shock over the mechanical and negligent method adopted by the police. “Two witnesses can not give statements in similar style. Even the paragraphs begin with the identical phrases and finish with the identical phrases,” the bench noticed.
Terming this apply “harmful,” the courtroom cautioned that such uniformity in statements might inadvertently profit the accused and weaken the credibility of in any other case real instances. “In such circumstances, the seriousness of the real case might get vanished,” it added.
Disturbed by the findings, the courtroom appointed Advocate Mukul Kulkarni as amicus curiae to help in drafting a petition recommending systemic reforms. “The State should come out with particular pointers for investigating officers, particularly concerning how statements needs to be recorded,” the courtroom directed.
The amicus has been requested to submit a report by June 20, with the subsequent listening to scheduled for June 27.
