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ARTICLE · 06 JUNE 2023

Retraction Of Statements: An In-Depth Analysis

Statements are often recorded by investigating agencies during the course of a search proceedings or summons appearance.

IndiaLitigation, Mediation & Arbitration

Statements are often recorded by investigating agencies during the course of a search proceedings or summons appearance. This article analyses retractions filed against such statements in detail and identifies issues and salient things to be kept in mind.

I. Introduction

Statements of various witnesses or accused persons are recorded by various authorities under oath, which are considered as having strong evidentiary value. Of course, such statements are subject to various tests laid down in evidence law and the constitution. However, if such tests are satisfied, such statements even if they amount to an admission of guilt, would be admissible. Now, whether or not the legal tests are satisfied regarding the admissibility of such statements, and whether or not there is a mistake committed by the person while giving his statement, a remedy always is available to such person in the form of retraction of his statement. Retraction simply means the withdrawal of a

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