Bombay High Court Flags "Dangerous Culture" Of Police "Copy Pasting" Statements Of Witnesses In Criminal Cases

The Bombay High Court recently took suo motu cognisance of the 'dangerous culture' of police officers 'copy-pasting' statements of witnesses in criminal cases while investigating even serious offences. 

A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh slammed the Maharashtra Police for resorting to 'copy-pasting' statements of witnesses and remarked that the same is dangerous and can affect even genuine cases. 

"We have noticed that even in serious offence, the investigating officer who had recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure, has literally made copy-paste of the statements. Even the paragraphs start with the same words and end with the same words. The culture of copy-paste statements is dangerous and may, in certain cases unnecessarily, give advantage to the accused persons. In such circumstances, the seriousness of the genuine case may get vanished," the bench said in its order passed on April 29. 

The bench came across the 'copy-paste' statements of witnesses, while hearing a plea filed by five members of a family, booked for abetting suicide of a 17-year-old minor girl. However, when the bench expressed disinclination, the petitioners, withdrew their plea. 

However, the bench decided to address the issues pertaining to the lapses on part of the investigating team. The judges, after perusing the chargesheet, pointed out that two witnesses cannot give statement in identical fashion as in the statements (furnished in the chargesheet) only change is as per the relationship of the witness either with the deceased or the informant.

"We have noticed this in many cases, including the cases under Section 498-A of the Indian Penal Code. We may also wonder, as to whether really those witnesses are called by the police for statement under Section 161 of the Code of Criminal Procedure or not, but their statements would appear in the charge-sheet. When now we are coming across with such copy-paste statements in serious offence like Section 306 of the Indian Penal Code, it is then high time to take cognisance of the issue suo moto and to consider, as to what are those short comings or difficulties for the investigating officer/officers when they record such copy-paste statements," the bench said. 

In the instant case, the judges noted that initially the police recorded the death of the girl as an 'accidental one' and her age was noted to be 17 years and 9 months but while registering the FIR, the concerned officer did not note her age and lodged a case under section 306 (abetment of suicide) of the Indian Penal Code (IPC). However, subsequently when the brith certificate was obtained, the officer invoked section 305 (abetting suicide of child or insane person).

"That means, as on today the charge against the accused persons is that they have abetted the commission of suicide by minor, which is of course a very serious matter, and with the story in the FIR it is much more serious and therefore, we were not inclined to grant any relief to the applicants. Therefore, when even in such serious matters if this copy-paste method is adopted, then it is not a good indication for the criminal justice system and therefore, we are taking cognisance and want the State to come out with specific guidelines to the investigating officers and also in respect of, how to record the statements," the bench opined.  

The bench therefore, appointed Mukul Kulkarni as Amicus Curiae and ordered him to collect data and suggest measures to be taken by the State Government to avoid such situations of 'copy-paste' and to overall improve the quality of investigation.

The matter will be heard on June 27. 

Appearance:

Advocate HP Randhir appeared for the Applicants.

Advocate NR Dayama represented the State. 

Case Title: Amol Nikam vs State of Maharashtra (Criminal Application 1091 of 2025)

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