The Kerala High Court has clarified that an accused person has the legal right to use prior witness statements recorded by police during cross-examination to challenge the credibility of testimony given in court.
Justice A. Badharudeen passed the ruling while allowing a criminal miscellaneous petition filed by several accused persons in a sessions case pending before a Thiruvananthapuram court.
Background of the Case
The petition arose from proceedings in Crime No. 37/2012 registered at Poovar Police Station, Thiruvananthapuram. The accused approached the High Court after the Sessions Court refused to permit defence counsel to use earlier statements of prosecution witnesses during cross-examination.
According to the defence, while questioning Prosecution Witnesses 1 to 3, their lawyer attempted to confront the witnesses with statements earlier recorded under Section 161 of the Code of Criminal Procedure during the investigation stage. However, the trial court disallowed the attempt, stating that Section 162 CrPC restricted such use.
The accused then moved the High Court challenging that order.
Justice Badharudeen observed that the Sessions Judge had misunderstood the scope of Sections 161 and 162 of the CrPC. The High Court noted that statements recorded during investigation are not substantive evidence by themselves, but the law specifically allows their use for contradiction during cross-examination.
The Court explained that Section 162 CrPC does not completely prohibit the use of such statements. Instead, it limits their use only to the purpose of contradicting a witness in the manner provided under Section 145 of the Indian Evidence Act.
“The reasons stated by the learned Sessions Judge to disallow the use of previous statements… is absolutely wrong and the same would not sustain in the eye of law,” the bench observed.
The Court further stressed that effective cross-examination is a vital right of the accused and forms an important part of a fair criminal trial.
“It is the absolute right of the accused to use previous statements during cross-examination… to shake the veracity of the evidence,” the Court said.
Allowing the petition, the High Court directed the Sessions Court to recall Prosecution Witnesses 1 to 3 and permit defence counsel to cross-examine them using their earlier statements in accordance with Section 148 of the Bharatiya Sakshya Adhiniyam, 2023, which corresponds to Section 145 of the Evidence Act.
The High Court also ordered the trial court to complete the cross-examination process within three weeks from receipt of the order and directed the accused to cooperate with the proceedings.
Case Details
Case Title: Lawrence & Ors. v. State of Kerala
Case Number: CRL.MC No. 2639 of 2026
Judge: Justice A. Badharudeen
Decision Date: May 19, 2026
